R.Pandiyan v. Teh Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY R.Pandiyan ... Petitioner Vs.

1.The Regional Passport Officer Regional Passport Office New Municipal Complex Thillainagar 7th Cross Tiruchirapalli 620 018.

2.The Inspector of Police Anaikaranchatram Police Station Mayiladuthurai District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by directing the first respondent to issue a passport to the petitioner, by considering his application No.TR7065998096923 dated 22.11.2023, within the time limit to be stipulated by this Court.

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For Petitioner : Mr.M.Vijay Ragavan For Respondents : Mr.T.V.Krishnamachari (CGSC) for R1 Dr.C.E.Pratap for R2 Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed for directing the first respondent to issue passport to the petitioner by considering his application No.TR7065998096923 dated 22.11.2023.

2. After hearing the learned counsel for the petitioner and perusing the material records of the case, it is seen that upon receipt of the adverse police report passport is not issued to the petitioner.

3. When the matter came up for hearing, the learned Government Advocate (Crl.side) would submit that there is a First Information Report that is pending against the petitioner in Crime No.254 of 2023 on the file of the second respondent. It has already been held by the Division Bench of this Court in Arumugam Vs. Regional Passport Officer, W.A(MD).No.301 of 2/5

2018 that the First Information Report cannot be considered to be a criminal case for the purpose of issue of passport and Government of India has also issued guidelines accordingly.

4. In view thereof, this Writ Petition is disposed of on the following terms;

(i) The first respondent is directed to consider the application of petitioner in file No.TR7065998096923 dated 22.11.2023 and issue passport to the petitioner de hors the pendency of the criminal case, there is no other impediment in accordance with law;

(ii) The above said exercise shall be completed within a period of 8 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.

(iii) No costs.

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To 1.The Regional Passport Officer Regional Passport Office New Municipal Complex Thillainagar 7th Cross Tiruchirapalli 620 018.

2.The Inspector of Police Anaikaranchatram Police Station Mayiladuthurai District.

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D.BHARATHA CHAKRAVARTHY , J.

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