S.Alagarsamy, v. The Passport Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4965 of 2018 S.Alagarsamy ... Petitioner Vs The Passport Officer, Regional Passport Office, Madurai.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to issue passport to the petitioner on the basis of the petitioner's application dated 09.10.2017.

For Petitioner : Mr.M.Beema Rao For Respondent : Mr.V.Kathirvelu Additional Solicitor General Assisted by Mr.c.Nandagopal

ORDER

The petitioner seeks issuance of passport. In this regard, he had given an application dated 09.10.2017.

2. The learned Additional Solicitor General states that the said application has not been closed. The only reason for not issuing passport to him is the pendency of the criminal case against him under Section 143 and 188 of IPC. They are only in the FIR stage.

3. It has been consistently held that mere pendency of the criminal case at the FIR stage is not a bar for issuance of the passport.

Therefore, subject to fulfilment of all other formalities, the respondent is directed to issue passport to the writ petitioner, without any delay.

4. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

To The Passport Officer, Regional Passport Office, Madurai.

+1 CC to M/s.M.BEEMA RAO, Advocate ( SR-57797[F] dated 29/03/2019 ) +1 CC to M/s.SPL GP ( SR-58127[F] dated 01/04/2019 ) rmk W.P.(MD)No.4965 of 2018 29.03.2019 KM/(15.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/