Senthil Jeganathan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Senthil Jeganathan ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bhartahi Ula Veethi, Race Course Road, Madurai District.

2.The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

... Respondents (Crime No.481 of 2020) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent herein to issue the passport in Application in File No.MD01C5004661323 application dated 17.01.2023 and thereby issue the petitioner the passport within the time limit that may be stipulated by this Court. For Petitioner : Mr.J.Vishnu For Respondents : Mr.V.S.Pon Senthil Kumaran, Central Govt. Standing Counsel for R1.

Mr.R.Sivakumar, Govt. Advocate (Crl. Side) for R2.

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ORDER

Heard the learned counsel on either side.

2.The petitioner seeks issuance of passport. He submitted an application before the first respondent. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed. 3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the petitioner is shown as A2 in Crime No.481 of 2020 registered on the file of Bazaar police station, Ramanathapuram District. However, he admitted that final report is yet to be filed. Since the case is pending only at the FIR stage, there is no impediment for the first respondent to grant the relief sought for in the writ petition. 4.However, the petitioner has to appear before the second respondent and file an affidavit indicating his contact details. The petitioner has to furnish his mobile phone details as well as email details. This is because if any final report is filed adverse to the petitioner and the same is taken on file by the jurisdictional Magistrate, it could be possible to serve summons on the 2/4

petitioner. The petitioner also must give an undertaking that the prosecution initiated against him will not be stalled, on account of his absence in India. If necessary, the petitioner will have to execute Special Vakalath in future so that he can be represented in the proceedings.

5.The petitioner shall file such an affidavit before the second respondent within a period of two weeks from the date of receipt of a copy of this order. After complying with the terms set out in the aforesaid undertaking, the first respondent is directed to process the petition mentioned application and issue passport subject to fulfilment of the other usual formalities. 6.This writ petition is allowed accordingly. No costs. 20.02.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

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