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Madras High CourtWP(MD)/4905/2020disposed of

Jegan Siluvai Pitchai v. The Regional Passport Officer

2020-03-09Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Jegan Siluvai Pitchai ... Petitioner Vs.

1. The Regional Passport Officer, The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002, Tamil Nadu.

2. The Superintendent Enquiry Officer, Regional Passport Office Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002, Tamil Nadu.

3. The Inspector of Police, North Police Station, Tuticorin.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, direct the first respondent to renew the petitioner's passport on his application No.MD01C5006648320 dated 29.01.2020 based on the petitioner's reply dated -.02.2020.

For Petitioner : Mr.C.Susikumar For Respondents : Mr.V.Karthirvelu Assistant Solicitor General assisted by Mr.K.Prabhu Standing Counsel (for R1 & R2) Mr.S.Dayalan Government Advocate (for R3)

ORDER

The Writ petition has been filed in the nature of Mandamus directing the first respondent/Regional Passport Officer, Madurai, to renew the passport of the petitioner pursuant to his application No.MD01C5006648320, dated 29.01.2020. 2.The petitioner viz., Jegan Siluvai Pitchai is a resident of Thoothukudi. There are as many as four cases registered, in 1/4

which, he has come to the adverse attention of the North police station, Thoothukudi. They had registered the first case in Crime No.135 of 2013 for the offences under Sections 294(b), 323, 307 and 506(ii) IPC. In the first case, investigation has been completed and the final report has also been filed. Unfortunately, the concerned Judicial Magistrate No.III, has not taken cognizance. The second case is registered in Crime No.507 of 2014 and it has been compromised by the petitioner with the defacto complainant and such compromise has also been recorded by this Court and the FIR has been quashed. The third case is registered in Crime No.210 of 2017, which is now pending trial in Sessions Case No.269/2019 on the file of the Additional District Court, Thoothukudi. The fourth case is registered in Crime No.

146/2019 registered under Sections 147, 148, 120(b) and 302 IPC and under Section 25(1B)(G) of Indian Arms Act. It is stated that in this case, investigation is still in progress. 3.The learned counsel for the petitioner states that the passport is required for the petitioner's business purpose. 4.Since investigation has been completed in one case and cognizance has to be taken by the Judicial Magistrate No.III, Thoothukudi, the petitioner may approach the said Magistrate Court by filing necessary application seeking approval to go abroad and thereafter, the learned Magistrate on consideration of all circumstances, pass necessary orders. Similarly, the petitioner may also file an application before the Additional District Court, Thoothukudi, where he is facing trial in SC.No.

269 of 2019 and the learned Sessions Judge, after considering necessary aspects, may pass appropriate orders in accordance with law. In respect of the fourth case, which is pending investigation, the particular Investigating Officer may forward report to the first respondent Regional Passport Officer. Based on the orders passed by the Judicial Magistrate No.III and the Additional Sessions Judge, Thoothukudi, and the report of the Investigating Officer with respect to the investigation in Crime No.146/2019, the first respondent Regional Passport Officer may pass final orders on the application seeking renewal of passport.

5.With the above observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS ) 2/4

To 1.The Additional Sessions Judge, Thoothukudi.

2.The Judicial Magistrate No.III, Thoothukudi.

3. The Regional Passport Officer, The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002, Tamil Nadu.

4. The Superintendent Enquiry Officer, Regional Passport Office Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002, Tamil Nadu.

5. The Inspector of Police, North Police Station, Tuticorin.

+1 CC to SPECIAL GOVERNMENT PLEADER (SR-10778[F] dated 10/03/2020 ) 09.03.2020 rmk AE (18.03.2020) 3P 7C 3/4