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Madras High CourtWP/10003/2025disposed of

Ravi Chinnappan v. The Regional Passport Officer

2025-03-24Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Ravi Chinnappan ... Petitioner Vs.

1.The Regional Passport Officer Regional Passport Office Tiruchirappalli, New Municipal Complex Thillainagar 7th Cross Tiruchirappalli District.

2.The Inspector of Police Vaitheeswaran Koil Police Station Mayiladuthurai District (Cr.No.232/2024) ....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, by calling for the records relating to the proceedings of the first respondent in letter Ref.No.OBJ/318210559/24 1/5

dated 11.06.2024 and quash the same and consequently direct the first respondent to renew and re-issue the passport of the petitioner in passport number L5365299 within a time frame fixed by this Court. For Petitioner : Mr.P.Anbazhagan For Respondents : Mr.K.Gangadaran for R1 (CGSC) Dr.C.E.Pratap for R2 Government Advocate (Crl.Side)

ORDER

The prayer in the Writ Petition is to renew and reissue the passport of the petitioner in passport No.L5365299.

2. Upon hearing the learned counsel on either side and perusing the material records of the case, it can be seen that the petitioner made an application in Ref.No.OBJ/318210559/24 dated 11.06.2024. Upon receipt of an adverse police report, the passport was not renewed.

3. When the matter came up for admission, the learned 2/5

Government Advocate would submit that there were originally three First Information Reports that were pending against the petitioner of which in two cases investigation was completed and final reports were filed and after due trial the petitioner was acquitted. The petitioner has already paid the fine amount and the cases are over. There is one more First Information Report that is pending in Crime No.232 of 2024 on the file of the second respondent.

4. In view thereof, in view of the judgment of the Division Bench of this Court in Arumugam Vs. Regional Passport Officer, WA.(MD).No.301 of 2018 the pendency of the First Information Report by itself cannot be taken as a criminal case for the purpose of the passport. Subsequently, the Government of India has also issued guidelines in that regard.

5. In view thereof, the Writ Petition is disposed of on the following terms;

(i) The respondents are directed to consider the 3/5

application of the petitioner in Ref.No.OBJ/318210559/24 dated 11.06.2024 de hors the pendency of the First Information Report and other criminal cases and renew and reissue the passport, if there is no other impediment whatsoever, (ii) The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of order;

(iii) No costs.

24.03.2025 (1⁄2) dna To 1.The Regional Passport Officer Regional Passport Office Tiruchirappalli, New Municipal Complex Thillainagar 7th Cross Tiruchirappalli District.

2.The Inspector of Police Vaitheeswaran Koil Police Station Mayiladuthurai District (Cr.No.232/2024) 4/5

D.BHARATHA CHAKRAVARTHY , J.

dna (1⁄2) 24.03.2025 5/5