S.Balaji v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY S.Balaji ... Petitioner Vs.

1.The State of Tamil Nadu Rep.by its Secretary to Government, Home Department Fort St. George Chennai 600 009.

2.The Inspector of Police Mangalamedu P.S.

Perambalur Dist.

3.The Regional Passport Officer Plot No.A5, Salai Road and Shastri Road Junction Thillai Nagar Thiruchirapalli.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to issue passport to the petitioner based on the petitioner application reference No.241014741759 dated 10.12.2024 in accordance with law.

For Petitioner : M/s.T.Dharani For R1 : Mr.V.Venkata Seshaia Government Advocate For R2 : Dr.C.E.Pratap for R2 Government Advocate (Crl.Side) For R3 : Mr.S.Kasi, for R3 (CGSC)

ORDER

This Writ Petition is filed for a prayer to issue of passport to the petitioner based on his application bearing reference No.241014741759 dated 10.12.2024.

2. Upon hearing the learned counsel appearing on behalf of the 2/5

petitioner and Mr.V.Venkata Seshaia, the learned Government Advocate appearing on behalf of the first respondent, Dr.C.E.Pratap, learned Government Advocate (Crl.Side) appearing on behalf the second respondent and Mr.S.Kasi, learned Central Government Standing Counsel and perusing the affidavit filed in support of the case and the material records of the case, it can be seen that upon receipt of an adverse police report the petitioner request is not considered. It can be seen that the petitioner is shown as an accused in Crime No.763 of 2021 for alleged offences under Section 147, 294 (b), 323, 324, 342, 506 (ii) & 307 of IPC r/w 4 of TNPHW Act. It is now clear that the Division Bench of this Court in Arumugam Vs. Regional Passport Officer, W.A(MD).No.301 of 2018 has held at the First Information Report cannot be considered as a criminal case for the purpose of the Passport Act which is also reiterated by the Government of India in the Rules. Therefore the same cannot be an impediment.

3. In view thereof, this Writ Petition is allowed on the following terms;

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(i) The third respondent is directed to consider the application of the petitioner bearing reference No.241014741759 dated 10.12.2024 and issue passport to him de hors the pendency of the First Information Report if there is no other impediment. The said 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 the order. (iii) No costs.

03.04.2025 dna To 1.The Secretary to Government, Home Department Fort St. George Chennai 600 009.

2.The Inspector of Police Mangalamedu P.S.

Perambalur Dist.

3.The Regional Passport Officer Plot No.A5, Salai Road and Shastri Road Junction Thillai Nagar Thiruchirapalli.

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D.BHARATHA CHAKRAVARTHY , J.

dna W.P.No .11818 of 2025 03.04.2025 5/5