V.Vetrivel v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Vetrivel .. Petitioner
Versus
1. The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.
2. The Inspector of Police, Puduchatram Police Station, Puduchatram, Cuddalore.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to take steps to issue passport in respect of the application with the file no.MA4076229417724, dated 06.02.2024.
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For Petitioner : Mr.J.N.Naresh Kumar For Respondents : Mrs.A.Sri Jayanthi, for R1 : Dr.C.E.Pratap, Government Advocate (Crl. Side), for R2
ORDER
This Writ Petition is filed for a direction to the respondents to take steps to issue passport in respect of the application, dated 06.02.2024.
2. The grievance of the petitioner is that when the petitioner submitted an application for renewal of his passport, the communication now impugned in the Writ Petition is issued which is dated 06.02.2024. As per the said communication, since the respondents have received an adverse Police Report, the passport is not being renewed.
3. On a perusal of the communication, it can be seen that a First Information Report, in Crime No.189 of 2017 for the offences under Section 2/6
279, 337 and 304A of the Indian Penal Code was registered. Already, the Government of India issued directions that if the case is only at the F.I.R stage, the same cannot be considered as a Criminal Case and directed issue of passport in such cases. This Court also passed several orders. It is mentioned in the E-Court status as if the case is now taken on file as C.C.No.100005 of 2018. That cannot be correct. The name of the Court is also not properly mentioned. Therefore, the instructions, given to the learned Public Prosecutor that the case is still under investigation appears to be correct.
4. In view thereof, this Writ Petition is disposed of. The impugned communication, dated 06.02.2024 shall stand set aside. The respondent authorities shall process the file and renew the passport in the manner known to law. The said exercise shall be completed within a period of four weeks from the date of receipt/production of a web-copy of this order without waiting for a certified copy of this order. There shall be no order as to costs. 3/6
13.02.2025 : no grs To
1. The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.
2. The Inspector of Police, Puduchatram Police Station, Puduchatram, Cuddalore.
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D.BHARATHA CHAKRAVARTHY, J.
grs 5/6
13.02.2025 6/6