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Madras High CourtWP/4863/2024dismissed

S.Vijay v. The Regional Passport Officer

2024-04-30Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM S.Vijay ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Thiruchirappalli 620018.

2.The Inspector of Police Anaikaranchathiram Police Station, Mayiladuthurai District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st respondent to issue a passport to the petitioner, by considering his Application No.TR7066051577123 dated 11.12.2023 within the time limit to be stipulated by this Honourable Court.

For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.A.Prakash, CGSC for R.1 : Mr.S.Vinoth Kumar, Govt. Advocate (Crl.Side) for R.2 1/4

O R D E R

The relief sought for in the present writ petition is to direct first respondent to issue passport to the petitioner by considering his Application No.TR7066051577123 dated 11.12.2023 within the time limit to be stipulated by this Honourable Court.

2. Admittedly,a criminal case in FIR No.553 dated 2.6.2020 has been registered on the file of Anaikaranchathiram Police Station. Under Section 6(2)(f) of the Passport Act, pendency of a criminal case is a ground to refuse issuance of Passport by the Regional Passport Officer.

3. However, the petitioner is at liberty to approach the jurisdictional Criminal Court, where the criminal case is pending, for seeking permission to travel abroad or for any other relief. However, Writ Court cannot issue a direction to issue Passport during the pendency of a Criminal case which would hamper the investigation as well as the criminal case which is pending.

4. With these observations, the writ petition stands dismissed. No 2/4

costs.

(sha) 30.04.2024 Index : Yes Speaking Order To 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar 7th Cross, Thiruchirappalli 620018.

2.The Inspector of Police Anaikaranchathiram Police Station, Mayiladuthurai District.

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S.M.SUBRAMANIAM . J., (sha) 30.04.2024 4/4