Madras High CourtWP(MD)/4498/2022disposed of

Sathishkumar v. The Regional Passport Officer

2022-03-14Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4498 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4498 of 2022 Sathishkumar .. Petitioner vs.

1.The Regional Passport Officer, Office of the Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai City. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to issue passport to the petitioner by processing his application No. MD1063883468122 within a stipulated time period in accordance with law on the basis of the representation, dated 26.02.2022.

For Petitioner:Mr.C.Senthil Murugan For R1 :Mr.G.Moovendiran Central Government Standing Counsel For R2 :Mr.T.Amjad Khan Government Advocate

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to issue passport to the petitioner by processing the passport application within a time frame to be fixed by this Court.

2.Due to the pendency of criminal case registered in Cr.No.1872 of 2020 under Sections 294(b) and 323 IPC, the passport has not been issued to the petitioner till date. His application has also not been processed. In such circumstances, he has filed this Writ Petition.

3.Heard Mr.C.Senthil Murugan, learned Counsel for the petitioner, Mr.G.Moovendiran, learned Central Government Standing Counsel, who takes notice for the first respondent and Mr.T.Amjad https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4498 of 2022 Khan, learned Government Advocate, who takes notice on behalf of the second respondent.

4.Mr.T.Amjad Khan, learned Government Advocate appearing for the second respondent would submit that subsequent to the registration of the FIR, charge sheet has been filed against the petitioner on the file of the Judicial Magistrate Court-VI, Madurai on 20.02.2022. The same is recorded.

5.Since charge sheet has already been filed, the petitioner will have to approach the criminal Court seeking permission for issuance of passport. The learned Counsel for the petitioner seeks liberty for the same.

6.Accordingly, this Writ Petition is disposed of by granting liberty to the petitioner to approach the learned Judicial Magistrate-VI, Madurai, seeking permission to obtain a passport in the manner known to him under law. Till such permission is obtained, the first respondent shall keep the passport application submitted by the petitioner pending. No costs. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

+1 CC to M/s.SPL GP ( SR-12158[F] dated 15/03/2022 ) Order made in W.P.(MD)No.4498 of 2022 14.03.2022 cmr MS/23.03.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2