Dhandapani Dorairaj v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY DHANDAPANI DORAIRAJ ... Petitioner Vs 1.

THE REGIONAL PASSPORT OFFICER, O/O. THE REGIONAL PASSPORT OFFICE, CHENNAI ROYALA TOWERS, NO. 2 & 3, 4TH FLOOR, OLD NO. 785, NEW NO 158, ANNASALAI, CHENNAI - 600 002.

2.

THE STATE REP. BY INSPECTOR OF POLCIE, R2, KODAMBAKKAM POLICE STATION, CHENNAI.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's explanation dated 29.08.2024 to issue passport on his application Reference No.24-1014741489 and to renewal/reissue the Passport No. M4161331.

For Petitioner : Mr.B.Gopalakrishnan For R1 : Mr.A.Murugan, ACGC For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/4

ORDER

The petitioner made an application for the reissue of the passport, vide application in Reference No.24-1014741489.

2. Upon receipt of the adverse report from the police, the same has not been considered. The matter is no longer res integra, as per the judgment of this Honourable Division Bench of this Court in Arumugam vs Regional Passport Officer (W.A(MD) No. 301 of 2018), and the rules framed by the Government of India, which state that First Information Reports cannot be treated as criminal cases within the meaning of the Passport Act.

3. The learned Government Advocate (Crl. Side) confirms that the said information was registered in view of the breach of peace under Section 102 of the Code of Criminal Procedure.

4. In view thereof, the same cannot be considered an impediment. Therefore, this writ petition is ordered on the following terms:- 2/4

(i) The first respondent shall consider the application of the petitioner in Reference No.24-1014741489, dehors the adverse police report received and reissue the passport if there is no other impediment. (ii) The said exercise shall be carried out within a period of eight weeks from the date of receipt of the web copy of the order. No costs. 20.03.2025 nsl To 1.

THE REGIONAL PASSPORT OFFICER, O/O. THE REGIONAL PASSPORT OFFICE, CHENNAI ROYALA TOWERS, NO. 2 & 3, 4TH FLOOR, OLD NO. 785, NEW NO 158, ANNASALAI, CHENNAI - 600 002.

2.

THE STATE REP. BY INSPECTOR OF POLCIE, R2, KODAMBAKKAM POLICE STATION, CHENNAI.

3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl 20.03.2025 4/4