Chellapandian.S.T v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD).No.5164 of 2024 S.T.Chellapandian ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Madurai.
2.The Superintendent of Police, Thoothukudi, Thoothukudi District.
3.The Deputy Superintendent of Police, Thoothukudi Sub-Division, Thoothukudi District. 4.The Inspector of Police, South Police Station, Thoothukudi.
5.The Deputy Superintendent of Police, Vilathikulam Sub-Division, Thoothukudi District. 6.The Inspector of Police, Vilathikulam Police Station, Vilathikulam Taluk, Thoothukudi District.
... Respondents (R-2 to R-6 are impleaded vide court order dated 13.03.2024 in W.M.P.(MD).No.5840 of 2024 in W.P.(MD).No.5400 of 2024) 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned notice issued by the first respondent in letter Ref No.SCN/316858485/24 dated 22.01.2024 and quash the same and direct the respondent to issue the passport to the petitioner within the time frame fixed by this Court.
For Petitioner : Mr.P.Pillai Vinayagam For R-1 : Mr.M.Karthikeya Venkitachalapathy For R-2 : Mr.A.Albert James Government Advocate (Criminal Side)
ORDER
Heard both sides.
2. The petitioner challenges the impugned notice dated 22.01.2024 issued by the first respondent seeking certain clarifications. It is not necessary to interfere with the said notice.
3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner is pending at the FIR stage.
4.It is well settled that when the case is pending only at the FIR stage, there is no impediment for the Regional Passport Officer to grant relief. 2/5
5.The petitioner has to appear before the jurisdictional police and file an affidavit indicating his contact details. The petitioner apart from furnishing his residential address must also give his WhatsApp mobile number, e-mail ID. This is because, if any adverse final report is filed and the same is also taken on file by the jurisdictional criminal court, it should be possible to serve summons on the petitioner with the available details. The petitioner shall give an undertaking that the prosecution initiated against him will not be stalled on account of his absence from India. He should undertake that summons can be served on him through E-mail/WhatsApp. If necessary, the petitioner will have to execute a special vakalat in future so that he can be represented by his counsel in the proceedings in terms of Section 205 of Cr.P.C. 6.
Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional police, the jurisdictional Regional Passport Officer shall process the petition-mentioned application and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.
27.03.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5
To 1.The Regional Passport Officer, Regional Passport Office, Madurai.
2.The Superintendent of Police, Thoothukudi, Thoothukudi District.
3.The Deputy Superintendent of Police, Thoothukudi Sub-Division, Thoothukudi District. 4.The Inspector of Police, South Police Station, Thoothukudi.
5.The Deputy Superintendent of Police, Vilathikulam Sub-Division, Thoothukudi District. 6.The Inspector of Police, Vilathikulam Police Station, Vilathikulam Taluk, Thoothukudi District.
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G.R.SWAMINATHAN, J.
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