Sankar.S v. Regional Passport Office Chennai,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY SANKAR.S ... Petitioner Vs 1.

REGIONAL PASSPORT OFFICE CHENNAI, CHENNAI ROYAL TOWERS, 3, IV FLOOR, OLD NO. 785, NEW NO. 158, ANNA SALAI, CHENNAI - 600 002.

2.

INSPECTOR OF POLICE, LAW AND ORDER, R1 MAMBALAM POLICE, T. NAGAR, CHENNAI - 600 017.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to process the Passport Application File No.MA1075825284923 dated 27.09.2023 and reissue the passport to the Petitioner For Petitioner : Mr.Niranjan Rajagopalan For R1 : Mr.J.Rajesh Central Government Standing Counsel For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/4

ORDER

The prayer in the writ petition is to direct the first respondent to process the Passport Application File No. MA1075825284923 dated 27.09.2023.

2. Upon hearing Mr.J.Rajesh, the learned counsel appearing for the petitioner and Mr.J.Rajesh, the learned Central Government Counsel appearing for the first respondent and Dr.C.E.Pratap, the learned Government Advocate (Crl.Side) appearing for the second respondent and perusing the material records of the case, it can be seen that upon receipt of an adverse police report, the petitioner's request to renew the passport was not acceded to. It can be seen that a case was registered against the petitioner in Crime No. 20 of 2023, which is now pending as C.C.No.1011 of 2023 on the file of the Metropolitan Magistrate Court, Saidapet. It is now clear by virtue of the Hon'ble Division Bench judgment of this Court in Regional Passport Officer v. Samsudeen Mohamed Salih (W.A.No. 902 of 2023) that the pendency of the criminal case is not a bar for renewing or issuing the passport itself. However, the concerned individual has to take permission from the Court before leaving abroad.

3. In view thereof, this writ petition is disposed of on the following terms:- 2/4

(i) The petitioner's application No. MA1075825284923 dated 27.09.2023 shall be considered dehors the pendency of the criminal case and if the petitioner is eligible, the passport shall be issued. (ii) The above exercise shall be carried out within a period of two weeks from the date of receipt of the web copy of the order. (iii) The petitioner shall take the permission of the Metropolitan Magistrate Court, Saidapet. in C.C. No.1011 of 2023 before leaving abroad. No costs.

29.04.2025 nsl To 1.

REGIONAL PASSPORT OFFICE CHENNAI, CHENNAI ROYAL TOWERS, 3, IV FLOOR, OLD NO. 785, NEW NO. 158, ANNA SALAI, CHENNAI - 600 002.

2.

INSPECTOR OF POLICE, LAW AND ORDER, R1 MAMBALAM POLICE, T. NAGAR, CHENNAI - 600 017.

D.BHARATHA CHAKRAVARTHY, J.

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