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Madras High CourtWP/12161/2024disposed of

M/S.Vgn Projects Estates Pvt.Ltd., v. The Regional Passport Officer,

2024-04-29Honourable Mr Justice S.M. Subramaniam4 pages

2024:MHC:2036

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M/s.VGN Projects Estates Private Limited, Rep. by its Deputy General Manager - Mr.A.Rangappan, S/o. Mr.Ayyappan, No.17, Ayyovoo Colony, Aminjikarai, Chennai - 600 029.

... Petitioner Vs.

The Regional Passport Officer, Rayala Towers, No.2 & 3, 4th Floor, Old No.785, 158, Anna Salai, Chennai - 600 002.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to dispose off the representation dated 18.03.2024.

For Petitioner : Mr.V.S.Senthil Kumar For Respondent : Mr.Prasad Vijaya Kumar Central Govt. Standing Counsel

O R D E R

The relief sought for in the present writ petition is to direct the respondent to dispose of the representation dated 18.03.2024.

2. The petitioner is a defacto complainant and pursuant to the complaint of the petitioner, a criminal case has been registered.

3. The grievance of the petitioner is that the accused in the criminal case is attempting to travel abroad without securing permission from the jurisdictional Criminal Court of Law. As represented by the petitioner, the Passport cannot be impounded either by the Investigating Agencies / Police or by the jurisdictional Criminal Court of Law.

4. However, Passport can be seized by the Investigating Authorities and surrender the same before the Criminal Court, where from the person can seek permission to travel abroad and the procedures from the Passport Act is to be followed.

5. Therefore, the defacto complainant is at liberty to file an application before the jurisdictional Criminal Court for seizing of the Passport from the

accused person by the Police and surrender the same before the Criminal Court concerned. In the event of such surrender the accused is also empowered to file an application seeking permission to travel aboard.

6. With these liberty, this Writ Petition stands disposed of. No costs. 29.04.2024 Jeni Index : Yes Speaking order To The Regional Passport Officer, Rayala Towers, No.2 & 3, 4th Floor, Old No.785, 158, Anna Salai, Chennai - 600 002.

S.M.SUBRAMANIAM, J.

Jeni 29.04.2024