Sadasivam v. The Government Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sadasivam

...Petitioner

-Vs1. The Government Of India Ministry Of External Affairs, Represented By The Regional Passport Officer, Regional Passport Office, Coimbatore Region, 1st Floor, Corporation Commercial Complex, Opp.Thandu Mari Amman Kovil, Avinashi Road, Coimbatore, Tamil Nadu- 641 018.

2. The Inspector Of Police, Central Crime Branch, Thirunelveli City, Thirunelveli District.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first Respondent to renew the petitioner's passport No.Z 7648795 for 10 years and re- issue it to the petitioner as applied for. For Petitioner : Mr.G.Mohana Krishnan

For R1 : Mr.R.Siddharth CGSC For R2 : Mr.S.Vinoth Kumar Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed for direction directing the first Respondent to renew the petitioner's passport No.Z 7648795 for 10 years and re- issue it to the petitioner as applied for.

2. Heard the learned counsel on either side and perused the materials available on record.

3. It is seen that the petitioner was issued passport and the same was expired on 09.07.2024. However, the petitioner and his wife involved in a crime and the same was registered in Crime No.20 of 2021 for the offence under Section 420 of IPC, on the file of the Inspector of Police, CCB, Thirunelveli. Subsequently, the petitioner submitted an application for renewal of his passport ad approached this Court in W.P.No.36233 of 2023. This Court, directed to conduct an enquiry and pass orders. On enquiry, the petitioner was issued passport for a period of one year and the same is expiring on 16.01.2025. The petitioner is suffering with some

ailments and he is taking treatment in abroad.

4. The learned Government Advocate (Crl.Side) appearing for the second respondent submitted that after investigation in Crime No.20 of 2021, the second respondent filed absconding charge sheet and the same has been taken cognizance by the Trial Court in C.C.No.2057 of 2022, on the file of the learned Judicial Magistrate I, Thirunelveli. The petitioner did not even appear before the Trial Court so far and as such, the Trial Court issued Non Bailable Warrant and it is pending.

5. When the Non Bailable Warrant is pending as against the petitioner, the petitioner is not entitled for any relief sought for in this writ petition and the writ petition is devoid of merits and is liable to be dismissed.

6. Accordingly, this writ petition stands dismissed. No costs. 02.08.2024

Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To

1. The Government Of India Ministry Of External Affairs, Represented By The Regional Passport Officer, Regional Passport Office, Coimbatore Region, 1st Floor, Corporation Commercial Complex, Opp.Thandu Mari Amman Kovil, Avinashi Road, Coimbatore, Tamil Nadu- 641 018.

2. The Inspector Of Police, Central Crime Branch, Thirunelveli City, Thirunelveli District.

G.K.ILANTHIRAIYAN. J, mn

02.08.2024