P.Senthil v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.07.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH P.Senthil S/o.Palani ..Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar, 7th Cross, Tiruchirapalli-620 018.

2.The State of Tamilnadu, Rep by its Inspector of Police, Perambalur Police Station, Perambalur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned communication issued by the first respondent in his letter in Ref.No.OBJ/318333277/24 dated 25.06.2024, insisting for clearance of the FIR Crime No.775 of 2019, registered by the second respondent under Sections 294(b), 323, 353 & 506(1) IPC and quash the same as illegal, arbitrary and opposed to law and further direct the first 1/4

respondent to issue passport to him, within a time frame. For Petitioner : Mr.R.Veeramani For Respondents : Mr.S.Ravesh Kannan, Central Government Counsel [R1] Mr.Leonard Arul Joseph Selvam Government Advocate [Crl.side] [R2] *****

O R D E R

This writ petition has been filed challenging the impugned communication dated 25.06.2024 issued by the first respondent and for a consequential direction to the first respondent to act upon the application submitted by the petitioner seeking for issuance of passport.

2. Heard Mr.R.Veeramani, learned counsel for petitioner, Mr.S.Ravesh Kannan, learned Central Government Counsel appearing for first respondent and Mr.Leonard Arul Joseph Selvam, learned Government Advocate [Crl.side] appearing for second respondent.

3. The first respondent, on receipt of the application submitted by the petitioner, has called upon the petitioner to appear before the first respondent 2/4

on the ground that there is a First Information Report pending in Crime No.775 of 2019 before the second respondent for offences under Sections 294(b), 323, 353 and 506(i) IPC.

4. Learned Government Advocate [Crl.side] appearing on behalf of the second respondent submitted that investigation has been completed and police report has been filed before the learned Judicial Magistrate I, Perambalur and the same is yet to be taken on file.

5. In the considered view of this Court, there can be no bar for the first respondent to deal with the application submitted by the petitioner since there is no case pending as on date against the petitioner. Even otherwise, insofar as issuance of passport is concerned, there can be no objection in issuing passport even when a criminal case is pending and permission of the concerned Court will arise only when the accused person wants to move out of India. 3/4

N. ANAND VENKATESH, J.

gm

6. In the light of the above discussion, there shall be a direction to the first respondent to act upon the application and issue passport to the petitioner if the petitioner satisfies all the requirements. This process shall be completed by the first respondent within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is allowed with the above direction. No costs. 02.07.2025 Speaking/Non-speaking order Index : Yes / No gm To 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar, 7th Cross, Tiruchirapalli-620 018. 2.The Inspector of Police, The State of Tamilnadu, Perambalur Police Station, Perambalur District. 4/4