Devika Rani v. The Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.7489 of 2021 IN CRL.O.P.No.19569 of 2019 DEVIKA RANI [ PETITIONER/ACCUSED 2 ] Vs 1 THE PASSPORT OFFICER REGIONAL PASSPORT OFFICE, 1ST CORPORATION COMMERCIAL COMPLEX, AVINASHI ROAD, COIMBATORE-641 018.
2 STATE BY THE INSPECTOR OF POLICE, B6, PEELAMEDU POLICE STATION, 274, AVINASHI, COIMBATORE ROAD, PEELAMEDU, COIMBATORE-641 004.
[ 1st & 2nd RESPONDENTS ] 3 STATE BY THE INSPECTOR OF POLICE, W-35, ALL WOMEN POLICE STATION, WEST TAMBARAM, CHENNAI-600 045.
[ 3rd RESPONDENT/COMPLAINANT ] 4 ABIRAMI CHAKRAVARTHI [ 4th RESPONDENT/DE-FACTO COMPLAINANT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the 1st respondent to renew the petitioners passport bearing No.U0160226 for a period of THREE YEARS or any other period as directed by this Hon'ble Court by extending the time granted in Crl.M.P.No.4820 of 2020 order dated 15.10.2020 in Crl.O.P.No.19569 of 2019 order dated 07.08.2019 and to give suitable instruction to the Indian Embassy at Bahrain and pass such further or other orders.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.N.R.ELANGO, Senior Counsel for M/S.A.NAGARAJAN, Advocate for the Petitioner and of M/S.S.V.JAYAKUMAR, CGSC,(R-1) and MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) (R-2 & R-3) on behalf of the Respondents the court made the following order:- This petition has been filed to direct the first respondent to renew the petitioner's passport for a period of three years.
2. The case of the prosecution is that the petitioner is arrayed as second accused in CC.No.91 of 2018 on the file of the learned Judicial Magistrate, Tambaram for the offences under Sections 498(A), 406, 506(i) of IPC. The petitioner along with other accused persons harassed and demanded dowry from the wife of A1 wife, thereby the respondent police registered a case against the petitioner and her sons based on the complaint lodged by the defacto complainant and subsequently, charge sheet was filed before the learned Judicial Magistrate, Tambaram. Challenging the said charge sheet in CC.No.91 of 2018, the petitioner has filed original petitions in Crl.OP.Nos.920 and 924 of 2019 before this Court and this Court has also stayed the proceedings and the petitions are still pending.
3. The learned counsel for the petitioner submitted that the petitioner is living at Bahrain and the passport of the petitioner/A2 has expired on 15.07.2019. Hence, the petitioner has filed original petition in OP.No.19569 of 2019 before this Court for renewal of the passport. This Court, vide order dated 15.10.2020, directed the Passport Officer, Coimbatore Region to renew the passport of the petitioner for a year in Crl.M.P.No.4820 of 2020. The concerned authorities renewed the passport till 26.10.2021. Now, the petitioner applied for passport renewal through online portal and the same was not considered by the authorities. Hence, the petitioner has filed the present miscellaneous petition for renewal of her passport bearing No.U0160226 for a period of three years.
4. The learned Government Advocate has no serious objection for the renewal of the passport of the petitioner, since this Court has issued a direction for the renewal of passport for a period of one year.
5. The passport cannot be renewed without the orders passed by this Court, since the original petitions are pending. The fate of the case will be known only after disposal of the Crl.OP.Nos.920 and 924 of 2019.
6. In view of the above, there shall be a direction to the first respondent to renew the passport of the petitioner for a period of three years after completing the necessary formalities, is no other legal impediments.
7. This Criminal Miscellaneous Petition is disposed of with the above direction.
-sd/- 17/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, TAMBARAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE PASSPORT OFFICER REGIONAL PASSPORT OFFICE, 1ST CORPORATION COMMERCIAL COMPLEX, AVINASHI ROAD, COIMBATORE-641 018.
5 THE INSPECTOR OF POLICE, B6, PEELAMEDU POLICE STATION, 274, AVINASHI, COIMBATORE ROAD, PEELAMEDU, COIMBATORE-641 004.
6 THE INSPECTOR OF POLICE, W-35, ALL WOMEN POLICE STATION, WEST TAMBARAM, CHENNAI-600 045.
+1 C.C. to M/S. K.R.RAMESH KUMAR Advocate on payment of necessary charges SR.NO.41181 Order in CRL MP.7489/2021 in CRL OP.19569/2019 Date :17/08/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 17/09/2021