M.Ponmani, 24 Years v. The Regisional Passpost
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2018
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.8104 of 2018 M. Ponmani Petitioner vs.
The Regional Passport Officer Regional Passport Office Trichy Trichy District The Superintendent of Police Perambalur Perambalur District The Inspector of Police Mangalamedu Police Station Perambalur District Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the first respondent to take appropriate action to issue passport to the petitioner based on the petitioner's complaint dated 02.10.2017 in accordance with law. For petitioner Mr. M. Velmurugan For R1 Mr. J. Madanagopal Rao - - - - -
ORDER
This Criminal Original Petition has been preferred seeking a direction to the first respondent to take appropriate action to issue passport to the petitioner based on his complaint dated 02.10.2017 in accordance with law.
The petitioner applied for passport from the first respondent and after processing his application, the first respondent sent a communication dated 25.09.2017 which reads as under:
"Please refer to the Passport application pending in this office in respect of Shri/Smt/Kumari Ponmani Manickam.
Adverse Police verification report with remark, criminal case is pending against you. This office had sent you a letter/show cause notice requesting you to submit your response along with the following documents for further examination of your file. However, despite the 30 days notice period, no reply has been received as yet.
You are requested to report in person along with the desired documents within 15 days on receipt of this letter, failing which, it will be presumed that you have got nothing to say in this matter. This will result into closure of your application/file and the passport fees submitted shall be forfeited. No further communication in this regard will then be entertained."
In response to the said communication, the petitioner has sent a representation dated 02.10.2017 stating that he is not aware of any criminal case pending against him and that he has not committed any act of suppression. Thereafter, the petitioner has filed the present petition under Section 482 Cr.P.C. seeking the aforesaid prayer.
Heard Mr. M. Velmurugan, learned counsel for the petitioner and Mr. J. Madanagopal Rao, learned counsel for the first respondent.
At the outset, it is pertinent to point out that this petition under Section 482 Cr.P.C. is not maintainable inasmuch as a passport is not issued under the Code of Criminal Procedure, but, under the Passports Act, 1967. By letter dated 25.09.2017, the first respondent had only called upon the petitioner to appear in person and give his explanation together with supporting documents.
In such view of the matter, the relief sought by the petitioner cannot be granted and this petition stands dismissed accordingly.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar
cad To The Regional Passport Officer Regional Passport Office Trichy Trichy District The Superintendent of Police Perambalur Perambalur District The Inspector of Police Mangalamedu Police Station Perambalur District +1cc to Mr.J.MADANAGOPAL RAO, Advocate, S.R.No. 35296 Crl.O.P. No.8104 of 2018 CNR(CO) TR(18/06/2018)