K.Anandha Raja v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Anandha Raja ... Petitioner -vs1.The Regional Passport Officer, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Inspector of Police, Ilayankudi Police Station, Ramanathapuram District.
(Crime No.430/2021) 3.The Inspector of Police, PT Emaneswaram Police Station, Ramanathapuram District.
(Crime No.68/2021) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fist respondent to issue passport to the petitioner by processing his application in File No.MD1067254465324, within time stipulated by this Court.
For Petitioner : Mr.G.Kaleeswaran For R1 : Mr.S.Karthik Central Government Standing Counsel For R2 and R3 : Mr.K.Gnanasekaran Government Advocate (Criminal side)
ORDER
Heard both sides.
2. The petitioner seeks issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in criminal cases, the present writ petition came to be filed.
3. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents 2 and 3 submitted a criminal case has been registered against the petitioner in Crime No.430 of 2021 for the offences under Sections 341, 290 and 294(b) of I.P.C., on the file of the second respondent and the same has culminated in laying a charge sheet in C.C.No.61 of 2021 before the Judicial Magistrate Court, Ilayankudi, Sivagangi
District. In addition to the above said case, the petitioner has involved in Crime No.68 of 2021 on the file of the third respondent for the offences under Sections 147, 148, 294(b), 323, 324, 427 and 506(ii) of I.P.C. and he has also involved in Crime No.226 of 2024, for the offence under Section 4(1)(a) of the Tamil Nadu Prohibition Act, 1937.
4. In view of the above said submissions, the petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny the relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by executing a special Vakalat.
5. Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer, who shall dispose of the petitionmentioned application in terms of the said order.
6. This Writ Petition is disposed of accordingly. There shall be no order as to costs.
NCC : Yes / No 18.02.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Inspector of Police, Ilayankudi Police Station, Ramanathapuram District.
3.The Inspector of Police, PT Emaneswaram Police Station, Ramanathapuram District.
VIVEK KUMAR SINGH , J.
smn2 18.02.2025