Ravichandran v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY RAVICHANDRAN ... Petitioner Vs 1.

THE REGIONAL PASSPORT OFFICER FIRST FLOOR , CORPORATION COMMERCIAL COMPLEX, AVINASHI ROAD, COIMBATORE- 641 018.

2.

THE INSPECTOR OF POLICE, OOTY TOWN CENTRAL POLICE STATION, UPPER BAZAAR, OOTY- 643 001.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to issue a passport to the petitioner pursuant to the petitioner's application in File No.CB1067356211725 dated 30.01.2025 in accordance with law and within a reasonable time as may be fixed by this Court. For Petitioner : Mr.G.Srujith Krishna For R1 : Mr.G.Baskaran Central Government Standing Counsel For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

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This writ petition is filed with a prayer directing the respondents to issue the passport for Application No. CB1067356211725, dated 30.01.2025.

2. The grievance of the petitioner is that when the petitioner made an application for the issuance of a Passport, vide application No.CB1067356211725, dated 30.01.2025, the same was not considered due to adverse police report received by the respondents, indicating that there is a criminal case pending against the petitioner.

3. On perusal of the records, it can be seen that first information report pending against the petitioner in crime No. 638 of 2018 on the file of second respondent. Therefore, by virtue of the Hon'ble Division Bench of this Court in Arumugam vs Regional Passport Officer (W.A(MD) No. 301 of 2018), the first information report cannot be considered as a criminal case within the meaning of the Passport Act and thus, it will not be an impediment for issue of passport.

4. In view thereof, this writ petition is disposed of on the following terms:- 2/4

(i) The first respondent is directed to consider the application of the petitioner, vide application No. CB1067356211725, dated 30.01.2025 and issue the passport in accordance with law, dehors the pendency of the above first information report against the petitioner. (ii) The said exercise shall be completed within a period of eight weeks from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of the order.

21.03.2025 nsl To 1.

THE REGIONAL PASSPORT OFFICER FIRST FLOOR , CORPORATION COMMERCIAL COMPLEX, AVINASHI ROAD, COIMBATORE- 641 018.

2.

THE INSPECTOR OF POLICE, OOTY TOWN CENTRAL POLICE STATION, UPPER BAZAAR, OOTY- 643 001.

D.BHARATHA CHAKRAVARTHY, J.

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