Arumuganainar v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Arumuganainar S/o.Selvam Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2 & 3, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

2.The Inspector of Police, M-3, Puzhal Police Station, Tiruvallur District.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to renew the passport applied by the petitioner in Application Number MA2072099142119 pending FIR on the file of the second respondent within a reasonable time as fixed by this Court. For Petitioner : Mr.D.Thirumoorthy For Respondents : Mr.V.Rajan Central Government Standing Counsel [R1] Mr.Leonard Arul Joseph Selvam Government Advocate [Crl.side] [R2] ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to act upon the application submitted by the petitioner, who is seeking for renewal of passport.

2. Heard Mr.D.Thirumoorthy, learned counsel for petitioner, Mr.V.Rajan, learned Central Government Standing Counsel appearing for first respondent and Mr.Leonard Arul Joseph Selvam, learned Government Advocate [Crl.side] appearing for second respondent.

3. Learned Government Advocate [Crl.side] appearing on behalf of the second respondent submitted that a First Information Report was registered by the second respondent for offences under Sections 294(b), 324 and 506(i) IPC in Crime No.208 of 2017. Ultimately, after completion of investigation, a police report has been filed before the learned Judicial Magistrate, Madhavaram, for offence u/s.307 IPC and the same is pending in PRC No.22 of 2024. Learned Government Advocate [Crl.side] submitted that the case is yet to be committed to the Sessions Court.

4. The petitioner is seeking for renewal of his passport. The 2/4

only issue is as to whether the petitioner has to get the permission of the concerned Court before the first respondent acts upon the application for renewal.

5. The issue is no longer res integra and it is covered by the earlier order passed by the Honourable First Bench in W.A.No.902 of 2023 dated 02.06.2023 [The Regional Passport Officer v. Samsudeen Mohamed Salih]. It was held that insofar as the renewal of passport is concerned, the same can be done without the permission of the Court. However, if the accused person wants to travel abroad, he is required to seek permission from the Court where the criminal case is pending.

6. In view of the above, there shall be a direction to the first respondent to process the application submitted by the petitioner seeking for renewal and grant the renewal within a period of four (4) weeks from the date of receipt of a copy of this order, if the petitioner satisfies all the requirements. If ultimately the petitioner wants to go abroad, he has to necessarily seek permission of the Court where the criminal case is pending.

N.ANAND VENKATESH, J 3/4

gm This writ petition is disposed of with the above direction. No costs.

25.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2 & 3, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

2.The Inspector of Police, M-3, Puzhal Police Station, Tiruvallur District.

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