N.Ramachandran v. Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY N.RAMACHANDRAN ... Petitioner Vs 1.

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

2.

THE INSPECTOR OF POLICE, SANKARAPURAM POLICE STATION, KALLAKURICHI.

... 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 passport to the petitioner pursuant to the petitioners applications dated on 10.12.2024 bearing File No.MA8067197947324 dated 10.12.2024 by considering the petitioner's reply more particularly within a time frame as may be stipulated by this Court.

For Petitioner : Mr.T.Perinbanathan For R1 : Mr.R.Sanjay (CGSC) For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/4

ORDER

This writ petition is filed with a prayer directing the first respondent to issue passport to the petitioner pursuant to the petitioner's passport Application No. MA8067197947324, dated 10.12.2025.

2. The grievance of the petitioner is that when the petitioner made an application for issuance of a Passport, vide application No.MA8067197947324, dated 10.12.2025, 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. 1740 of 2020 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.

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4. In view thereof, this writ petition is disposed of on the following terms:- (i) The first respondent is directed to consider the application of the petitioner, vide application No. MA8067197947324, dated 10.12.2024 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 four weeks from the date of receipt/production of the website uploaded copy of this order without waiting for the certified copy of the order.

30.04.2025 nsl To 1.

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

2.

THE INSPECTOR OF POLICE, SANKARAPURAM POLICE STATION, KALLAKURICHI.

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D.BHARATHA CHAKRAVARTHY, J.

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