Indhiyarasai Ponnusamy v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.04.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Indhiyarasi Ponnusamy, F/A-25 Years, W/o. Selvakumar, No:2/229,South Street, Puduvettagudi Post, Kunnam Taluk, Perambalur-621716.

... Petitioner /versus/

1. The Regional Passport Officer, The Regional Passport Office, New Municipal complex, Thillainagar, 7th Cross, Tiruchirappalli-620 018.

2. The Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No. 660/2021) ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to issue passport to the Petitioner pursuant to her written representation dated 22.02.2025. For Petitioner : Mr.P.Prabakar For Respondents : Mr.B.Ramprabu, for R1 : Dr.C.E.Pratap, Government Advocate (Crl.Side), for R2 1/4

O R D E R

The prayer in the writ petition is to direct the 1st respondent to issue passport to the petitioner.

2. Upon hearing the Learned Counsel for the petitioner and the respondent and perusing the affidavit filed in support of the writ petition, it can be seen that the petitioner made an application in File No.TR5067094176724, for issue of passport. Upon receipt of adverse police report, the same is not granted.

3. When the matter came up for hearing, it is represented that a case in Crime No.660 of 2021 for alleged offences under Section 147,148, 294(b), 323, 324 and 506(2) of Indian Penal Code is pending against the petitioner. Already this Court in Arumugam v. Regional Passport Officer (W.A.MD.No.301 of 2018), has held that the First Information Report cannot be treated as a criminal case for the purpose of passport Act. The Government of India has also framed guidelines in tune therewith. Therefore this writ petition is ordered on the following terms.

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(i) The 1st respondent shall consider the application of the petitioner in file No.TR5067094176724 and issue passport to the petitioner, dehors the pendency of the first information report, if the petitioner is eligible otherwise. (ii) The said exercise shall be completed within a period of 12 weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order 09.04.2025 bsm To,

1. The Regional Passport Officer, The Regional Passport Office, New Municipal complex, Thillainagar, 7th Cross, Tiruchirappalli-620 018.

2. The Inspector of Police, Kunnam Police Station, Perambalur District.

3. The Government Pleader, High Court, Madras. 3/4

D.BHARATHA CHAKRAVARTHY,J.

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