Bhuvaneshwari v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.09.2025

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Bhuvaneshwari

...Petitioner

versus

1. The Secretary Ministry of External Affaris J674+54V, E Block, Central Secretariat, New Delhi - 110 001

2. The Regional Passport Officer, Rayala towers, No.2 and 3 IV Floor, Old No.785, New No.158, Annasalai, Chennai - 600 002

3. The State rep. By the Inspector of Police, CBCID (Metro Wing) Chennai

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to renew the petitioner's passport No.G7895967 and deliver to the petitioner so as enabling the petitioner to travel to India to face the trial before the Court at chennai and consequently direct the 3rd respondent to take appropriate steps to inform the emigration authorities regarding the suspension of look out circular by this Court as referred above to enable the petitioner to pass through the emigration process in India so as to comply with the directions of this Court dated 9.4.2025. For Petitioner : Mr.C.T.Mohan, Senior Counsel for 1/5

Mr.P.Chinnasamy For Respondents : Mr.G.Ilangovan for R1 and R2 Mr.S.Balaji, for R3 Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to renew the petitioner's passport No.G7895967 and deliver to the petitioner so as enable the petitioner to travel to India to face the trial before the Court at Chennai and consequently direct the 3rd respondent to take appropriate steps to inform the emigration authorities regarding the suspension of look out circular by this Court as referred above to enable the petitioner to pass through the emigration process in India so as to comply with the directions of this Court dated 9.4.2025.

2. Heard the learned senior counsel appearing for the petitioner and the learned counsels for the respondents and perused the documents placed on record.

3. The case of the petitioner is that the petitioner was settled in Dubai with her family and she has been falsely implicated in the case as 8th accused in PRC No.24 of 2009 on the file of learned XXIII Metropolitan Magistrate, Saidapet. Further, the case against the other accused were separated and were tried and the petitioner's passport was 2/5

expired in the year 2019, when the petitioner took steps to renew the same, it was enquired by the Dubai police. Since there was no concrete evidence against the petitioner, the passport was retained by the Emirates Authorities, neither returned nor renewed. Moreover, look out circular was also issued, hence the petitioner is not able to come to India to appear before the concerned Magistrate Court, hence this petition.

4. The learned counsel for the petitioner would submit that the the petitioner was in possession of the Indian Passport, however, due to some reasons the same has been seized by the United Arab Emirates authority. The petitioner has been falsely implicated in the case in PRC No.24 of 2009 on the file of learned XXIII Metropolitan Magistrate, Saidapet. Since look out circular has also been issued, without the passport, the petitioner is not able to face the trial in India, thereby pleaded to renew the passport with necessary conditions and the petitioner is ready to abide by the same.

5. Per contra, the learned counsel for the respondents would contend that the renewal of passport will be considered as per the conditions stipulated by this Court in Crl.O.P.No.1582 of 2025 and as per the conditions of Passport Act.

6. Considering the facts and circumstances of the case and the 3/5

fact that the Look Out Circular issued against the petitioner has been suspended in Crl.O.P.No.1582 of 2025 on 09.04.2025, this Court is of the view that there is no impediment in directing the respondents 1 and 2 to consider the renewal of the passport of the petitioner with necessary conditions stipulated in the Passport Act along with the conditions stipulated in the order passed by this Court in Crl.O.P.No.1582 of 2025 dated 09.04.2025 to enable the petitioner to face the trial. With the above direction, the present petition is disposed of. No costs.

02.09.2025 Index:Yes/No;Internet:Yes/No Speaking /Non speaking Judgment ssd M.DHANDAPANI, J., ssd 4/5

To

1. The Secretary Ministry of External Affaris J674+54V, E Block, Central Secretariat, New Delhi - 110 001

2. The Regional Passport Officer, Rayala towers, No.2 and 3 IV Floor, Old No.785, New No.158, Annasalai, Chennai - 600 002

3. The State rep. By the Inspector of Police, CBCID (Metro Wing) Chennai 02.09.2025 5/5