Faizal Khan H v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.5153 of 2023 and WMP(MD)No.4854 of 2023 H.Faizal Khan ... Petitioner Vs

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirapalli - 620018.

2. The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai.

3. The Inspector of Police, Mimisal Police Station, (In Crime No. 63 of 2017 and 381 of 2021).

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice in Letter Ref. No. 1/5

SCN/313326453/22, dated 15.09.2022 passed by the first respondent to reissue the passport to the petitioner forthwith based on his application in File No. TR2074472935522, dated 05.08.2022.

For Petitioner :Mr.A.Mohamed Riyaz For R1 :Mr.V.Malaiyendran Standing Counsel For R2 and R3 :Mr.N.Muthuvijayan Special Government Pleader

ORDER

The Writ Petition has been filed in the nature of a Certiorarified Mandamus, seeking records relating to the impugned notice in Letter Ref. No. SCN/313326453/22, dated 15.09.2022 passed by the first respondent and to interfere with the same and direct the first respondent to reissue the passport to the petitioner, based on his application in File No. TR2074472935522, dated 05.08.2022.

2.In the affidavit filed in support of the writ petition, it had been stated that the petitioner had applied for passport by the aforementioned application number. It was sent for police verification and it was found that two FIRs in Crime Nos. 63/17, 381/21 were registered against the petitioner 2/5

herein by the third respondent/Inspector of Police, Mimisal Police Station, 3.The learned Special Government Pleader had stated that in the aforementioned cases, investigation has been completed and charge sheets have also been filed, but the same have not been taken on file. 4.It is trite in law to point out that merely stating a name of a person in the FIR would not categorise the said individual as a convicted accused. The FIR is registered based on information. However, the presumption of innocence runs till judgment of conviction is passed. It cannot be a bar for the respondents to grant passport. 5.A direction is given to the first respondent to issue notice to the petitioner and get an indemnity bond from him stating that he would cooperate during the course of trial and would not abscond. On such undertaking and if the petitioner satisfies other formalities, the first respondent has to proceed to issue passport to the petitioner. The said exercise should be completed within a period of twelve weeks, from the date 3/5

of receipt of a copy of this Order.

6.With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 31.03.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM To

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirapalli - 620018.

2. The Superintendent of Police, O/o. the Superintendent of Police, Pudukkottai.

3. The Inspector of Police, Mimisal Police Station, (In Crime No. 63 of 2017 and 381 of 2021).

4/5

C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.5153 of 2023 and WMP(MD)No.4854 of 2023 31.03.2023 5/5