Madras High CourtWP(MD)/2939/2023allowed

John Wilson v. The Regional Passport Officer

2023-03-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.2727 of 2023 John Wilson ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, 7th Cross Thillai Nagar, Trichy-18.

2.The Inspector of Police, Vadaku Police Station, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned show cause notice issued by the first respondent dated 30.11.2022 and quash the same and consequently, directing the first respondent to issue Passport in ARN:22-1012415425 based on the petitioner's application dated 26.10.2022 within a time stipulated by this Court. For Petitioner : Mr.N.Kamesh For Respondents : Mr.D.Saravanan CGSC for R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) for R2 1/4

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Central Government Standing Counsel appearing for the first respondent and the learned Government Advocate (Criminal Side) appearing for the second respondent.

2. The petitioner seeks issuance of passport. He had already submitted the petition mentioned application. The criminal case registered against the petitioner has culminated into a final report. But it has not been taken on file by the jurisdictional trial Court. This Court has to proceed on the premise that the case registered against the petitioner is only pending at the FIR stage. There cannot be any impediment to process the petitioner's application. The first respondent is directed to process the petition mentioned application and issue passport to the petitioner subject to fulfilment of the usual formalities.

3. This Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

01.03.2023 Index : Yes / No Internet : Yes/ No rmi Note: Issue Order Copy on 09.03.2023 2/4

To The Inspector of Police, Vadaku Police Station, Pudukkottai District.

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G.R.SWAMINATHAN, J.

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