Abdul Jappar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and W.M.P.(MD)Nos.3701 and 3702 of 2025 Abdul Jappar ... Petitioner -vs1.The Regional Passport Officer, Regional Passport Office, Madurai.

2.The Inspector of Police, Colachel Police Station, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent in Policy Ref. No. 2400326_CRM_MDU, dated 08.05.2024 and quash the same and consequently, direct the first respondent to reissue the petitioner's passport bearing No.X3323537 to him within a time frame fixed by this Court. For Petitioner : Mr.K.Navaneetharaja For R1 : Mr.R.Subbiah Central Government Standing Counsel

For R2 : Mr.K.Gnanasekaran Government Advocate (Criminal side)

ORDER

The petitioner has been issued with passport in Passport No.X3323537. The grievance of the petitioner is that the first respondent, by the impugned order dated 08.05.2024, impounded the petitioner's passport, citing the pendency of criminal cases registered against the petitioner. Hence, the petitioner has approached this Court by filing the present Writ Petition, seeking to set aside the said order and direct the first respondent to release the petitioner's passport.

2. Today, when the matter was taken up for hearing, the learned counsel for the petitioner, as well as the learned Government Advocate (Criminal side) representing the second respondent submitted that, based on the cases registered against the petitioner, namely, Crime Nos.324 of 2020 and 159 of 2022, final reports have been filed before the Judicial Magistrate Court, Eraniel, Kanyakumari District and that the learned Judicial Magistrate has taken cognizance in S.T.C.Nos.748 of 2022 and 71 of 2023. Further, the petitioner has been exonerated from the charges levelled against him by this Court in Crl.O.P.

(MD)No.595 of 2025, dated 10.01.2025 and Crl.O.P.(MD)No.22347 of 2024, dated 18.12.2024.

3. Considering the above said submissions and also taking note of the fact that the petitioner has been exonerated from the charges levelled against him by this Court in Crl.O.P.(MD)No.22347 of 2024, dated 18.12.2024 and Crl.O.P. (MD)No.595 of 2025, dated 10.01.2025, this Court directs the first respondent to consider the petitioner's request and pass appropriate orders in accordance with law, within one month from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

NCC : Yes / No 26.02.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Regional Passport Office, Madurai.

2.The Inspector of Police, Colachel Police Station, Kanyakumari District.

VIVEK KUMAR SINGH , J.

smn2 26.02.2025