Dr. S.Cadir v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.3876 of 2021 Dr.S.Cadhir .. Petitioner/Accused No.3 Vs.

1. The State Rep by, Inspector of Police, K4, Anna Nagar Police Station, Chennai - 600 040.

..1st Respondent/Complainant 2.Arunmozhi .. 2nd Respondent/Defacto Complainant

3. The Passport Officer Regional Passport Office, Chennai.

..3rd Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the 3rd respondent to renew the petitioner's passport bearing No.J4709473 for a period of 10 years and to give suitable instructions to the India Embassy (Consulate General of India) at Birimingham, United Kingdom. For Petitioner : Ms.Aruna Elango For Respondents No.1 & 2 : Mr.C.Raghavan Government Advocate For Respondent No.3 : L.Infant Dinesh CGSC

ORDER

This Criminal Original Petition has been filed for a direction to the 3rd respondent to renew the passport of the petitioner.

2.The case of the petitioner is that an FIR came to be registered in Crime No.511 of 2016 on the file of the 1st

respondent based on the complaint given by the 2nd respondent. After completion of the investigation, a final report has also been filed before the learned V Metropolitan Magistrate, Egmore in CC No.5602 of 2019.

3. These proceedings become a subject matter of challenge before this Court in Crl. OP.No.2770 of 2021. This Court has entertained the petition and has also granted interim orders in favour of the petitioner.

4. In the meantime, the period of the passport that was issued to the petitioner by the 3rd respondent is coming to an end on 24.03.2021. Presently, the petitioner is residing at United Kingdom(UK). Unless, the passport is renewed, it will become difficult for the petitioner to stay at UK. In view of the same, the present petition has been filed before this Court, seeking for a direction to the 3rd respondent to renew the passport of the petitioner.

5. Heard the learned counsel for the petitioner and Mr.C.Raghavan, learned Government Advocate appearing for the 1st respondent and Mr.Infant Dinesh, learned Central Government standing counsel for 2nd respondent.

6. Taking into consideration the facts and circumstance of the case and also of the fact that the criminal proceedings itself is now a subject matter of challenge before this Court, there shall be a direction to the petitioner to be present before the Indian Embassy at Uk and he shall present the passport seeking for renewal. The 3rd respondent shall take an undertaking in GSR No.570E from the petitioner and thereafter, renew the passport of the petitioner for a further period of ten years.

7. This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

rka To

1. The State Rep by, Inspector of Police, K4, Anna Nagar Police Station, Chennai - 600 040.

2. The Passport Officer Regional Passport Office, Chennai.

3. The Public Prosecutor, High Court, Madras.

+2ccs to Mr.Arun Elango, Advocate, Sr.No. 13606 Crl.O.P.No.3876 of 2021 SJ(CO) RMP(05/03/2021)