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Madras High CourtWP/27801/2025disposed of

Venkatesan v. The Passport Officer

2025-07-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.31140 of 2025 Venkatesan S/o.Murugesan ... Petitioner Vs 1.The Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli.

2.The Superintendent of Police, Perambalur District.

3.The State represented by Inspector of Police, V.Kalathur Police Station, Perambalur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the entire records relating to the summon issued by the first respondent in File No.TR5077492000925 dated 20.03.2025 and quash the same and consequently, direct the first respondent to reissue the passport within a time frame fixed by this Court.

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For Petitioner : Mr.Prasanth K.K.

for Mr.R.Gokulakrishnan For Respondents : Mr.R.Sidharth, CGC [R1] Mr.V.Meganathan, Government Advocate [Crl.side] [R2 & R3] *****

O R D E R

This writ petition has been filed challenging the summons issued by the first respondent dated 20.03.2025 and for a consequential direction to the first respondent to re-issue the passport.

2. Heard Mr.Prasanth K.K., learned counsel for petitioner, Mr.R.Sidharth, learned Central Government Counsel appearing for first respondent and Mr.V.Meganathan, learned Government Advocate [Crl.side] appearing for respondents 2 and 3.

3. Learned Government Advocate [Crl.side] appearing for respondents 2 and 3 submitted that a First Information Report came to be registered in Crime No.14 of 2024 and the petitioner was an accused in that case. Ultimately, the investigation has been completed and the police report has been filed before the concerned jurisdictional Magistrate and it is yet to be taken on file.

4. In the considered view of this Court, mere registration of a 2/4

First Information Report and completion of investigation by itself is not a ground for denying re-issuance of passport. Useful reference can be made to the judgment of the Division Bench in W.A.No.902 of 2023 dated 02.06.2023 wherein the Division Bench has held that insofar as renewal/re-issuance of passport is concerned, there is no need for getting a 'No Objection Certificate' from the Court. Permission of the Court will arise only in case the accused person wants to leave India.

5. In view of the above, there shall be a direction to the first respondent to process the application submitted by the petitioner and reissue the passport, if the petitioner satisfies all the other requirements. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 29.07.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J 3/4

gm To 1.The Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli.

2.The Superintendent of Police, Perambalur District.

3.The Inspector of Police, V.Kalathur Police Station, Perambalur District.

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