Shek Ali M v. The Regional Passport Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Shek Ali M S/o.Haneef, No.85, Thuthipattu Village, Ambur Taluk, Vellore 635 811.

Petitioner(s) Vs

1. The Regional Passport Officer Regional Passport Office, 3 IV Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

2.State Rep. By Inspector Of Police, Umarabath Police Station, Vellore District.

(R2 Impleaded Vide Order Dated 03.07.2025 Made In WMP.5312/2025 In WP.2706/2025 By Navj) Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorarified Mandamus to call for the records relating to the impugned letter passed by the respondent vide SCN / 317054091 /2024 dated 13/02/2024 and quash the same and subsequently direct the respondent to issue passport to the

petitioner.

For Petitioner(s): Mr.Sunil Kumar R For Respondent(s):

M/s. R. Sanjay, Central Government Standing Counsel for R1 Mr.R.Venkatesa Perumal G.A.(crl.Side) For R2

ORDER

This writ petition has been filed challenging the impugned notice dated 13.02.2024 issued by the 1st respondent and for a consequential direction to the 1st respondent to issue passport to the petitioner.

2.

The learned Central Government Standing counsel appearing on behalf of the 1st respondent based on the counter affidavit filed before this Court submitted that the petitioner had earlier applied for passport on 02.01.2014 on the basis of birth certificate, school certificate and voters ID card. On verification, it was found that the school certificate submitted by the petitioner was not a genuine document. Thereafter, a complaint was given based on which an FIR came to be registered in Crime No.187 of 2019 for offence under Section 420, 465, 471 IPC and 12(1) (b) of the Indian

Passport Act. Subsequently, the petitioner submitted another application on 24.11.2023. Based on the adverse police verification report received by the 1st respondent, the impugned communication dated 13.03.2024 came to be issued to the petitioner. 3.

The learned Government Advocate appearing on behalf of the 2nd respondent submitted that the investigation has been completed and the police report is yet to be filed before the concerned Jurisdictional Court.

4.

This Court heard the learned counsel appearing on either side and perused the materials available on record. 5.

Taking into consideration the facts and circumstances of the case and considering the fact that already an FIR has been registered against the petitioner in Crime No.187 of 2019 and the investigation has been completed, it is left open to the 2nd respondent to proceed further and file a police report before the concerned Court. The petitioner has to independently face the criminal proceedings. In view of the same, there shall be a direction to the 1st respondent to close the 1st application submitted by the petitioner. There shall be a

further direction to the 1st respondent to deal with the present application submitted by the petitioner and see if the petitioner has satisfied all the requirements. The mere pendency of the FIR should not be put against the petitioner while dealing with the present application. The entire process shall be completed by the 1st respondent within a period of four weeks from the date of receipt of a copy of this order.

6.

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

06-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Regional Passport Officer Regional Passport Office, 3 Iv Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

2.State Rep. By Inspector Of Police, Umarabath Police Station, Vellore District.

(R2 Impleaded Vide Order Dated 03.07.2025 Made In Wmp.5312/2025 In Wp.2706/2025 By Navj)

N.ANAND VENKATESH J.

rka 06-08-2025