G. Saroja v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Saroja Gurusamy : Petitioner Vs.

1. The Regional Passport Officer, Tiruchirappalli.

2. The Immigration Officer, Trichy International Airport, Tiruchirappalli.

3. The Inspector of Police, Trichy Airport Police Station, Tiruchirappalli.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No. 1 to issue the Indian Passport bearing Passport No.X9514375 to the petitioner issued by the first respondent on 22.06.2023 in favour of the petitioner.

For Petitioner : Mr.K.Kishore Kumar 1/6

For Respondents : Mr.S.Pon Senthilkumaran CGSC for R1 Mr.K.Gnanasekaran Government Advocate (Crl.Side) for R2

O R D E R

This writ petition has been filed for issuance of a writ of mandamus, directing the first respondent to issue the Indian Passport bearing Passport No.X9514375, which was seized by the first respondent on 22.06.2023, to the petitioner.

2.The case of the petitioner is that when she attempted to travel to Malaysia on 29.09.2024, she was intercepted by the Immigration Officer on the grounds that her date of birth and place of birth had been changed in comparison to the details in her earlier passport bearing No. T2142316. Additionally, it was found that a criminal case in Crime No. 329 of 2024 had been registered against her under Sections 336(3) and 340(2) of the BNS, 2023, and Section 12(1)(b) of the Indian Passport Act. The petitioner further claims that, being illiterate, she was instigated by an agent to sign the relevant documents without understanding the 2/6

legal consequences. The further case of the petitioner is that the criminal case will likely result in her acquittal and therefore, she prays this Court to allow the writ petition.

3. When the matter was taken up for hearing today, the learned Government Advocate (Crl. side) appearing on behalf of the second respondent, by producing a status report dated 13.02.2025, submitted that the petitioner is having two passports under her name and by suppressing the earlier passport, she had obtained a new passport by changing her date of birth and place of birth, which is punishable under the Indian Passport Act, 1967. In this regard, an FIR has been registered in Crime No.329 of 2024 for offences punishable under Sections 336(3), 340(2) of BNS, 2023 and Section 12(1)(b) of the Indian Passport Act. The learned Government Advocate further submitted that the petitioner's passport, which was seized during the investigation, was handed over to the learned Judicial Magistrate No.VI, Tiruchirappalli.

4. Heard the learned counsels on either side and carefully perused the entire materials available on record. 3/6

5. Taking into consideration the facts and circumstances of the case and also considering the nature of allegation against the petitioner, the prayer as sought for by the petitioner cannot be granted at this stage. However, the petitioner is at liberty to approach the Judicial Magistrate Court No.VI, Tiruchirappalli, to redress her grievance.

6. Accordingly, this writ petition stands disposed of. There shall be no order as to the costs.

14.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Regional Passport Officer, Tiruchirappalli.

2. The Immigration Officer, Trichy International Airport, Tiruchirappalli.

3. The Inspector of Police, Trichy Airport Police Station, Tiruchirappalli.

5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.1322 of 2025 14.02.2025 6/6