Ramesh .R v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Ninth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice B.PUGALENDHI WP(MD). No.5775 of 2023 R.Ramesh ... Petitioner Vs 1 The Regional Passport Officer The Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross Street Trichy, Trichy District.

2 The Inspector of Police Pattukottai Police Station Thanjavur District.

... Respondents Prayer :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the 1st respondent to issue Passport to the petitioner based on his application in File No. TR1065128989723 dated 02.03.2023 within a time stipulated by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

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ORDER:- This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. P.Gunasekaran, Advocate for the Petitioner and of Mr.. V.Malaiyendran Central Government standing counsel for the 1st respondent and of Mr.P.Kottaichamy, Government Advoate For the 2nd respondent,, this Court made the following order: The petitioner has applied for a passport with the first respondent. But, the first respondent has not considered the petitioner's application on the ground that he is involved in several criminal cases.

2.Mr.V.Malaiyendran, learned Central Government Standing Counsel appearing for the first respondent submitted that in view of the criminal cases pending as against the petitioner, the first respondent has not considered the petitioner's application for issuance of passport. 3.Mr.P.Kottaichamy, learned Government Advocate (Crl. Side) appearing for the second respondent submitted that the following criminal cases are pending as against this petitioner:- Sl.No .

Name of the Police Station Crime Nos.

Offences 1.

Pattukottai Town 125/06 341,323,506(ii) IPC 2.

Pattukottai Town 584/05 147,148,323,506(ii) IPC 3.

Pattukottai Town 809/05 307 IPC 2/5

4.

Pattukottai Town 580/06 393 IPC 5.

Pattukottai Town 478/07 147,148,341 & 302 IPC 6.

Pattukottai Town 211/09 147,148,120b,332,307 IPC r/w 27 of Indian Arms Act.

7.

PKT Town 14/13 294b, 324, 506(2) IPC 8.

Pattukottai Town 351/15 399 IPC 9.

Pattukottai Town 573/16 294b, 352, 506(ii) IPC 10.

Pattukottai Town 141/17 399 IPC r/w 25(1) (a) of Indian Arms Act

4. In order to verify as to whether these cases are pending in FIR stage or not, this case is listed today under the caption "For Clarification".

5. The learned Government Advocate (Crl. Side) appearing for the second respondent submits that out of ten cases, in seven cases, namely, in Crime Nos.125/2006, 584/2005, 809/2005, 580/2006, 478/2007, 211/2009 and 573 of 2016, final reports were filed and after the trial, the petitioner has been acquitted from those cases and as on date, three cases alone are pending as against the petitioner.

6. The learned Government Advocate (Crl. Side) further submits that out of remaining three cases, in the case in Crime No.14 of 2013, a charge sheet has been filed and the same has been taken on file by the learned Judicial Magistrate, Pattukkottai in C.C.No.279 of 2017. He further submits that for the case in Crime 3/5

No.351 of 2015, final report has already been filed before the learned Judicial Magistrate, Pattukkottai in the year 2015 itself, however, it has not been taken on file. Similarly, for the case in Crime No.141/2017, final report has been filed on 15.06.2020 and the same has not been taken on file.

7. Therefore, the Registry is directed to get an explanation from the learned Judicial Magistrate, Pattukkottai, as to why the final reports with respect to the cases in Crime Nos.351 of 2015 and 141 of 2017, which have been filed in the year 2015 and 2020, are not taken on file.

8. Post the writ petition on 23.08.2023 under the same caption. Sd/- Assistant Registrar (AS) // True Copy // /08/2023 Sub Assistant Registrar(CS) ogy TO

1. The Regional Passport Officer The Regional Passport Office New Municipal Complex Thillai Nagar 7th Cross Street Trichy, Trichy District.

2. The Inspector of Police Pattukottai Police Station Thanjavur District.

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3. The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai Copy to:

1)The Judicial Magistrate, Pattukkottai.

ORDER DATED : 09/08/2023 Next hearing date 23/08/2023 ==========================

ORDER

========================== WP(MD). No.5775 of 2023 Giving direction and etc.

as stated within.

KSR 16/08/2023/ 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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