Haja Alaudeen v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL OP(MD) No.18098 of 2021 HAJA ALAUDEEN ... PETITIONER/PETITIONER Vs 1 THE SUPERINTENDENT OF POLICE RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.
2 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI. (CR.NO.14/2019) 3 THE CHIEF IMIGRATION OFFICER CHENNAI INTERNATIONAL AIRPORT, CHENNAI.
4 AYSATH BEEVI 5 REGIONAL PASSPORT OFFICER, BARATHI ULA ROAD, MADURAI.
...RESPONDENTS/RESPONDENTS 1/4
Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to permit the petitioner to surrender his Passport to the Passport Officer, Embassy of India in Saudi Arabia at Riyadh in order to forward the same to 5th respondent for extending the validy of the petitioner Passport Bearning No.V8885038, dated 01.07.2022 upto 06.09.2031 on the file of the 5th respondent herein vide in order in crlop(md)nO.18098 OF 2021 DATED 21.12.2021 by this Hon'ble Court.
Prayer in CRL OP(MD). 18098/ 2021 :
To direction the 1st respondent to withdraw the look out circular notice issued against teh petitioner in connection with the case in Cr.no. 14 of 2019 on the file of the second respondent and consequently to direct the R1 to intimate the same. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.SATHICK RAJA.A, Advocate for the petitioner and of R.SURESH KUMAR, Government Advocate (Crl.side) on behalf of the Respondents 1 to 3 and M/S.S.PONSENTHILKUMARAN, Central Government Standing Counsel for the Respondent No.
5, the court made the following order:- This criminal miscellaneous petition has been filed to permit the petitioner to surrender his passport to the Passport Officer, Embassy of India in Saudi Arabia at Riyadh in order to forward the same to 5th respondent for extending the validity of the petitioner's passport bearing No.V8885038. 2.Originally the petitioner is facing charges under Section 498A, 406, 506(i) of IPC and Section 4 of Dowry Prohibition Act, 1961 and the same was taken cognizance in C.C.No.462 of 2022 before the learned Judicial Magistrate No.I, Ramanathapuram. In the above said case, he was acquitted by the Judgment dated 16.12.2022. Another case in M.C.No.5 of 2020, which was pending on the file of the learned Chief Judicial Magistrate, Ramanathapuram, was settled in the Lok Adalat.
The order copy was also enclosed along with typed set of papers. 3.The learned Additional Public Prosecutor would submit that no other proceedings is pending against the petitioner in any Court.
by the petitioner is that while passing the order in Crl.O.P.(MD).No.18098 of 2021, which was filed by this petitioner to withdraw the lookout circular, that was issued against him in Crime No.14 of 2019, while imposing certain condition by the Regional Passport Officer, Madurai, who was originally arrayed as 5th respondent in the original petition, was directed to restrict the above said validity upto December 2023. Now it is going to expire in the month of December 2023. Now he has to come back to India. On that ground seeking extension of validity of his passport, filed this petition.
4.This court cannot understand the ground on which the petition has been filed. Not even a single case is pending against him. He has to approach the fifth respondent and produce the judgment copy and disclose all the particulars, etc., But he has filed this petition. Since no case is pending against the petitioner so far, the fifth respondent may consider the petitioner's request. It was submitted that the petitioner has made a fresh representation to the fifth respondent some three days prior to the presentation of this petition. Let the above said representation be processed by the fifth respondent by following Rules and Procedures. It is further clarified that the petitioner may seek extension of validity because of change of situation now.
5.With the above said directions, this criminal miscellaneous petition stands disposed of.
sd/- 28/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
tm TO 1.THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM. 3/4
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.
3.THE SUPERINTENDENT OF POLICE RAMANATHAPURAM DISTRICT, RAMANATHAPURAM.
4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEELAKARAI. (CR.NO.14/2019) 5 THE CHIEF IMIGRATION OFFICER CHENNAI INTERNATIONAL AIRPORT, CHENNAI.
6 REGIONAL PASSPORT OFFICER, BARATHI ULA ROAD, MADURAI.
7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.S.PONSENTHIL KUMARAN Advocate SR.No.10132
ORDER
IN IN CRL OP(MD) No.18098 of 2021 28/06/2023 RK /MMS(21/07/2023) 5P /9 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4