Senthilkumar v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY SENTHILKUMAR ... Petitioner Vs 1.

THE AUTHORISED OFFICER, REGIONAL PASSPORT OFFICE, TIRUCHIRAPPALLI, NEW MUNICIPAL COMPLEX, THILLAI NAGAR, 7TH CROSS, THIRUCHIRAPPALLI-620 018.

2.

THE INSPECTOR OF POLICE, PADALUR P.S.

PERAMBALUR DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first and second respondents to issue the passport in Application No.TR207644284524 on 07.08.2024. For Petitioner : Mr.K.Manikandan For R1 : Mr.V.Ashok Kumar Central Government Counsel For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

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This writ petition is filed with a prayer directing the respondents to issue the passport for Application No. TR207644284524, dated 07.08.2024.

2. The grievance of the petitioner is that when the petitioner made an application for the issuance of a Passport, vide application No.TR207644284524, dated 07.08.2024 the same was not considered due to adverse police reports received by the respondents, indicating that there is a criminal case pending against the petitioner.

3. On perusal of the records, it can be seen that there are two first information report pending against the petitioner in crime No. 128 of 2015 and there is also a counter case in the very same matter. Therefore, by virtue of the Hon'ble Division Bench of this Court in Arumugam vs Regional Passport Officer (W.A(MD) No. 301 of 2018), the first information reports cannot be considered as a criminal case within the meaning of the Passport Act and thus, it will not be an impediment for issue of passport.

4. In view thereof, this writ petition is allowed on the following terms:- (i) The first respondent is directed to consider the 2/4

application of the petitioner, vide application No. TR207644284524 and issue the passport in accordance with law, dehors the pendency of the above first information reports against the petitioner.

(ii) The said exercise shall be completed within a period of eight weeks from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of the order.

(iii) No costs.

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THE AUTHORISED OFFICER, REGIONAL PASSPORT OFFICE, TIRUCHIRAPPALLI, NEW MUNICIPAL COMPLEX, THILLAI NAGAR, 7TH CROSS, THIRUCHIRAPPALLI-620 018.

2.

THE INSPECTOR OF POLICE, PADALUR P.S.

PERAMBALUR DISTRICT.

D.BHARATHA CHAKRAVARTHY, J.

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