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Madras High CourtWP/9217/2025disposed of

Rakesh Radhakrishnan v. The Regional Passport Officer

2025-03-18Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY RAKESH RADHAKRISHNAN ... Petitioner Vs 1.

THE REGIONAL PASSPORT OFFICER, CHENNAI ROYALA TOWERS, NO. 2 & 3, IV FLOOR, OLD NO. 785, NEW NO.158, ANNA SALAI, CHENNAI - 600 002.

2.

THE INSPECTOR OF POLICE, R-6, KUMARAN NAGAR POLICE STATION, CHENNAI. (CRIME NO. 378 OF 2019).

3.

THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANCHIPURAM. (CRIME NO. 8 OF 2017) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to renew/reissue the passport to the petitioner, pending in file No.MA1077422229525 dated 20.02.2025 within a reasonable time as may be fixed by this Court. 1/5

For Petitioner : Mr.P.Thirumalaivasan For R1 : Mr.M.Sathyan For R2 & R3 : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

The writ petition is filed for a mandamus directing the first respondent to reissue the passport to the petitioner, pending in file No.MA 1077422229525 dated 20.02.2025.

2. Upon hearing the learned counsel for the parties and perusing the records of the case, it is clear that upon receipt of an adverse police report against the petitioner, the passport was not reissued.

3. It is stated by the learned Government Advocate (Crl.Side) appearing on behalf of the respondents 2 and 3 that originally two FIRs were registered against the petitioner. The first FIR, in Crime No. 378 of 2019, resulted in a chargesheet being filed against the petitioner and was taken on file as C.C. No. 1086 of 2020 which was taken on file by the learned Metropolitan Magistrate, Saidapet. After trial, the petitioner was acquitted. Yet another First Information Report was registered against the petitioner in Crime No. 8 of 2/5

2017. However, after investigation, the petitioner has been removed as an accused and has been added only as P.W.13 in the said case.

4. In view thereof, as on date, there is no impediment against the petitioner for the issuance of a passport. This writ petition is disposed of on the following terms:- (i) The first respondent shall consider the application pending in file No.MA 1077422229525 dated 20.02.2025, dehors the adverse police report that is said to have been received and if there is no other impediment, the first respondent shall reissue the passport within eight weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. (ii) It is needless to state that the petitioner can also appear in person before the first respondent for the said purpose. No costs.

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To 1.

THE REGIONAL PASSPORT OFFICER, CHENNAI ROYALA TOWERS, NO. 2 & 3, IV FLOOR, OLD NO. 785, NEW NO.158, ANNA SALAI, CHENNAI - 600 002.

2.

THE INSPECTOR OF POLICE, R-6, KUMARAN NAGAR POLICE STATION, CHENNAI.

3.

THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, KANCHIPURAM.

4/5

D.BHARATHA CHAKRAVARTHY, J.

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