R.Balaji v. The Under Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and WMP.No.42942 of 2024 Balaji ... Petitioner Vs.

1.The Under Secretary The Ministry of External Affairs No.68, College Road, E.V.K.Sampath Maaligai 7th Floor, Nungambakkam, Chennai 600 006.

2.The Joint Secretary (Passport Seva Project and Chief Passport Officer) Room No.8, Patiala House Annexe Passport and Seva Project (PSP) Division Tilak Marg, New Delhi 110 001.

3.The Regional Passport Officer Coimbatore, First Floor, Corporation Commercial Complex Opp.Thandumariamman Koil, Avinashi Road Coimbatore 641 018.

4.State by The Inspector of Police All Woman Police Station Perur, Coimbatore.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, directing the respondents 1 to 3 herein to call for the records of the impounding order passed in Ref.No.IMP/318423317/2024 dated 05.07.2024 by the 1 to 3 respondents pertaining to the petitioner's passport bearing No.W1350733 and quash the same and thereby enable the petitioner to carry on his travel peacefully. For Petitioner : Ms.A.Madhumathi For Respondents : Mr.M.Sathyan for R1 to R3 (CGSC) Mr.V.Meganathan for R4 Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed against the order dated 05.07.2024 by which the third respondent has impounded the passport of the petitioner on the ground that a criminal case pending against the petitioner in C.C.No.661 of 2024.

2. The counter affidavit filed by the third respondent also confirmed the said fact.

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3. The learned counsel for the petitioner submits that the said criminal case arises out of the matrimonial discord. Be that as it may, it is now clear from the Rules framed by the Government of India in GSR 570(E) dated 25.08.1993 that in respect of criminal cases that are pending before the Court, the person concerned has to file an application before the concerned Court for permission to travel abroad and depending on the orders of the Court the passport has to be issued or refused as the case may be.

4. In that view of the matter, it would be open for the petitioner to move an application before the Additional Mahila Court, Coimbatore, in C.C.No.661 of 2024 seeking permission and depending on the decision of the said Court, orders will be passed accordingly, granting the passport or as the case may be.

5. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 10.02.2025 3/5

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