Dinesh Jayakeerthi v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY DINESH JAYAKEERTHI ... Petitioner Vs 1.
THE REGIONAL PASSPORT OFFICER, PASSPORT SEVA KENTRA CORPORATION COMMERCIAL COMPLEX, OPP. THANDUMARIAMMAN KOIL, AVINASHI ROAD, COIMBATORE-641 018.
2.
THE INSPECTOR OF POLICE, KANNANKURUCHI POLICE STATION, SALEM CITY.
3.
THE INSPECTOR OF POLICE, HASTHAMPATTI POLICE STATION, SALEM CITY.
... 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 the petitioner's passport in pursuant to the application vide File No.CB1077457060325 within a time frame to be fixed by this Court. For Petitioner : Mr.C.Munusamy For R1 : M/s.Poonam Chopra Central Government Counsel For R2 & R3 : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/4
ORDER
The prayer in the writ petition is to renew the petitioner's passport pursuant to the application vide file No. CB1077457060325.
2. Upon hearing Mr.C.Munusamy, the learned counsel appearing for the petitioner and the learned Central Government Counsel appearing for the first respondent and Dr.C.E.Pratap, the learned Government Advocate (Crl.Side) appearing for the second and third respondent and perusing the material records of the case, it can be seen that upon receipt of an adverse police report, the petitioner's request to renew the passport was not acceded to. It can be seen that a case was registered against the petitioner in Crime No. 924 of 2022, which is now pending as C.C.No.956 of 2023 on the file of the Judicial Magistrate No. IV, Salem. It is now clear by virtue of the Hon'ble Division Bench judgment of this Court in Regional Passport Officer v. Samsudeen Mohamed Salih (W.A.No. 902 of 2023) that the pendency of the criminal case is not a bar for renewing or issuing the passport itself. However, the concerned individual has to take permission from the Court before leaving abroad.
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3. In view thereof, this writ petition is disposed of on the following terms:- (i) The petitioner's application No. CB1077457060325 shall be considered dehors the pendency of the criminal case and if the petitioner is eligible, the passport shall be issued.
(ii) The above exercise shall be carried out within a period of two weeks from the date of receipt of the web copy of the order. (iii) The petitioner shall take the permission of the Judicial Magistrate IV, Salem, in C.C. No.956 of 2023 before leaving abroad. No costs. 02.04.2025 nsl To 1.
THE REGIONAL PASSPORT OFFICER, PASSPORT SEVA KENTRA CORPORATION COMMERCIAL COMPLEX, OPP. THANDUMARIAMMAN KOIL, AVINASHI ROAD, COIMBATORE-641 018.
2.
THE INSPECTOR OF POLICE, KANNANKURUCHI POLICE STATION, SALEM CITY.
3.
THE INSPECTOR OF POLICE, HASTHAMPATTI POLICE STATION, SALEM CITY.
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D.BHARATHA CHAKRAVARTHY, J.
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