Saravanaselvan v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY SARAVANASELVAN ... Petitioner Vs 1.
THE REGIONAL PASSPORT OFFICER, TRICHIRAPPALLI, NEW MUNICIPAL COMPLEX, THILLAI NAGAR, 7TH CROSS, TRICHIRAPPALLI-620 018.
2.
THE SUB INSPECTOR OF POLICE, TOWN POLICE STATION, THIRUVARUR.
3.
THE INSPECTOR OF POLICE, TOWN POLICE STATION, MANNARGUDI, THIRUVARUR DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to re-issue/renewal the passport applied by the petitioner in Application Number TR 1075766685523 pending FIR on the file of the second and third respondents within a reasonable time as filed by this Court. For Petitioner : Mr.R.Nalliyappan 1/5
For R1 : Mr.R.Sanjay Central Government Standing Counsel For R2 & R3 : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
This writ petition is filed to direct the respondent to re-issue/renew the passport applied for by the petitioner in Application No. TR 1075766685523.
2. Upon hearing the learned counsel appearing on either side and perusing the material records of the case, it can be seen that the petitioner applied for the reissue of the passport vide application No. TR1075766685523. Upon receipt of the adverse police report, the same was not granted.
3. When the matter came up for hearing, the learned Government Advocate (Crl. Side) appearing for the second respondent submitted that the case was ultimately tried as S.C.2 of 2024 on the file of the Assistant Sessions Judge, Mannargudi and the petitioner has also been acquitted by a judgment dated 03.09.2024.
4. In view thereof, no further impediment exists on account of the said 2/5
criminal case. It is also stated that there are other first information reports pending. It has been held by the Hon'ble Division Bench judgment of this Court in Arumugam vs Regional Passport Officer (W.A(MD) No. 301 of 2018) that a first information report cannot be considered a criminal case for the purpose of the Passport Act and in this case, no FIR or case is pending.
5. In view thereof, dehors the receipt of the adverse police report, if the petitioner is otherwise eligible, the first respondent is directed to consider the application and pass orders granting the passport in accordance with the law. The aforesaid exercise shall be undertaken within a period of eight weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.
6. In view of the above, this writ petition is disposed of. No costs. 08.04.2025 nsl To 1.
THE REGIONAL PASSPORT OFFICER, TRICHIRAPPALLI, NEW MUNICIPAL COMPLEX, 3/5
THILLAI NAGAR, 7TH CROSS, TRICHIRAPPALLI-620 018.
2.
THE SUB INSPECTOR OF POLICE, TOWN POLICE STATION, THIRUVARUR.
3.
THE INSPECTOR OF POLICE, TOWN POLICE STATION, MANNARGUDI, THIRUVARUR DISTRICT.
D.BHARATHA CHAKRAVARTHY, J.
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