John Ravindranath Soundararajan v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY JOHN RAVINDRANATH SOUNDARARAJAN ... Petitioner Vs 1.
THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, NO. 2 & 3, 4TH FLOOR, OLD NO. 785, NEW NO.158, RAYALA TOWERS, ANNA SALAI, CHENNAI- 600 002.
2.
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, CYBER CRIME CELL, MADURAI POLICE STATION, MADURAI DISTRICT.
3.
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THANJAVUR CCD - III POLICE STATION, 4.
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, PANDHANALLUR POLICE STATION, (R2 TO R4 ARE IMPLEADED AS PER ORDER DATED 16.12.2024 IN WMP.41729/2024 IN WP.35682/2024 BY SSJ) ... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to process the Tatkal Passport Application MA1076642536724 filed on 12.06.2024 and re-issue the passport of the petitioner.
For Petitioner : M/s.Sunny Sheen Akkara For R1 : Mr.R.Sidharth, Central Government Counsel For R2 to R4 : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
This writ petition is filed with a direction to direct the respondents to process the Tatkal Passport Application MA1076642536724 dated 12.06.2024 and re-issue the passport of the petitioner.
2. The grievance of the petitioner is that the pages of the petitioner's passport got exhausted and therefore, he made the above application for reissue. Upon receipt of an adverse police report, the same has not been acted upon.
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3. The matter is no longer res integra, having been considered by two Hon'ble Division Benches of this Court in Arumugam vs Regional Passport Officer (W.A(MD) No. 301 of 2018) and judgment in Regional Passport Officer v. Samsudeen Mohamed Salih (W.A.No. 902 of 2023) for the pendency of the FIR or the criminal case, the re-issue of the passport need not be withheld and the petitioner can be immediately reissued the passport.
4. As far as the criminal case is concerned, a status report has been filed on behalf of the concerned Inspector of Police. It is stated that there are three FIRs pending against the petitioner. First case in Crime No.53 of 2023 is under investigation, the second case in Crime No.33 of 2023 culminated in C.C.No. 5 of 2024 and the petitioner has filed a quash application in Crl.O.P.(MD)No. 21602 of 2024, wherein his personal appearance is dispensed with and the matter is pending. The third case in Crime No.97 of 2023, corresponding to C.C. No.103 of 2024, the petitioner has challenged the same by way of Crl.O.P.(MD)No. 4341 of 2025, wherein a stay has been granted, and the matter is pending.
5. The learned counsel appearing for the petitioner submits that the 3/6
petitioner is a businessman who often visits China and other countries in connection with his business, and every time, he cannot be approaching the concerned Criminal Court. There is no condition that he must approach the Criminal Court every time. However, if he wants to make multiple exits to various foreign countries and to make multiple visits, the application itself can state that he may be permitted to visit multiple foreign countries with multiple entries and exits and the same will be considered by the concerned Court. This Court, in the judgment in N.Chandrababu v. Sub Inspector of Police and another (2017 SSC Online Mad 37723), has decided that if the matter is pending in the quash application, then the High Court would be the concerned Court.
6. In view thereof, this writ petition is disposed of on the following terms:
(i) The first respondent is directed to consider the application of the petitioner and re-issue the passport dehors the pendency of the above criminal cases if there is no other impediment.
(ii) The said exercise shall be carried out within a period of four weeks from the date of receipt of the web copy of the order without waiting for the 4/6
certified copy of the order.
(iii) The petitioner shall get the permission of this Court in the concerned criminal O.Ps. by filing an appropriate application before leaving abroad. Needless to mention that the same can also be a comprehensive application for multiple visits. No costs.
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THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, NO. 2 & 3, 4TH FLOOR, OLD NO. 785, NEW NO.158, RAYALA TOWERS, ANNA SALAI, CHENNAI- 600 002.
2.
THE INSPECTOR OF POLICE, CYBER CRIME CELL, MADURAI POLICE STATION, MADURAI DISTRICT.
3.
THE INSPECTOR OF POLICE, THANJAVUR CCD - III POLICE STATION, 4.
THE INSPECTOR OF POLICE, PANDHANALLUR POLICE STATION, 5/6
D.BHARATHA CHAKRAVARTHY, J.
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