Madras High CourtWP/24327/2025disposed of

Harikrishnan v. Regional Passport Officer

2025-07-15Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Harikrishnan Petitioner(s) Vs

1. Regional Passport Officer Regional Passport Office, Chennai Royala Towers, No, 2 And 3, IV Floor, Old No. 785 New No. 158, Anna Salai Chennai 600 002.

2.The Inspector of Police M4 Redhills Police Station, Chennai 3.The Inspector Of Police Vadapalani Police Station, Chennai Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent herein to consider

2/6 application in file No. MA1067279256725 dated 06.01.2025 to issue passport to the petitioner.

For Petitioner(s):

Mr.R.Vijayaraghaven For Respondent(s):

Mr.B.Ramprabu Additional Central Government Standing Counsel for R1 Mr.V.Meganathan Government Advocate for R2

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1st respondent to consider the application submitted by the petitioner on 06.01.2025, wherein, the petitioner is seeking for issuance of passport in his name.

2.Heard Mr.R.Vijayraghaven, learned counsel appearing on behalf of the petitioner Mr.B.Ramprabu, learned Additional Central Government Standing Counsel appearing on behalf of the 1st respondent and Mr.V.Meganathan, learned Government Advocate appearing on behalf of the 2nd respondent.

3/6 3.The 1st respondent has not processed the application submitted by the petitioner on the ground that respondents 2 and 3 have registered FIR against the petitioner and in one of the case, the investigation has been completed and police report has been filed insofar as the FIR registered by the 3rd respondent and it has been taken on file in C.C.No.215 of 2025 on the file of the learned XVII Judicial Magistrate, Saidapet. Insofar as the FIR registered by the 2nd respondent, investigation has been completed and police report is yet to be taken on file.

4.In the considered view of this Court, the mere pendency of the criminal proceedings and the registration of FIR cannot be a ground for the 1st respondent to stop processing the application submitted by the petitioner for issuance of passport. The law on this issue was spelt out by the order passed by the Division Bench in W.A.No.902 of 2023 dated 02.06.2023.

4/6 5.In view of the above, there shall be a direction to the 1st respondent to process the application submitted by the petitioner and issue passport to the petitioner, if the petitioner has satisfied all the other requirements. As and when the petitioner wants to go abroad, the petitioner has to necessarily seek for permission before the concerned Court, where C.C.No.215 of 2025 is pending. 6.This writ petition is disposed of with the above directions. No Costs. 15-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. Regional Passport Officer Regional Passport Office, Chennai Royala Towers, No, 2 And 3, IV Floor, Old No. 785 New No. 158, Anna Salai Chennai 600 002.

2.The Inspector of Police M4 Redhills Police Station, Chennai 3.The Inspector Of Police Vadapalani Police Station, Chennai

6/6 N.ANAND VENKATESH J.

ssr 15-07-2025