M.M.Buhari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.84 of 2017 M.M.Buhari ... Petitioner -Vs1) State represented by, The Inspector of Police, Kadayanallur Police Station, Tirunelveli.

In Cr.No.145/2013.

2) The Passport Officer, The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the return order passed by the learned Judicial Magistrate, Tenkasi in Cr.M.P.No.Un Numbered of 2016, dated 30.09.2016 and further directed the learned Trial Court to accept and number the petition filed by the petitioner under Section 5, 6(2)(f) r/w 22 of the Passport Act 1962. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.K.V.Rajarajan Government Advocate (Crl. side)

O R D E R

This petition has been filed to set aside the return order passed by the learned Judicial Magistrate, Tenkasi in Cr.M.P.No.Un Numbered of 2016, dated 30.09.2016 and further to direct the trial Court to accept and number the petition filed by the petitioner under Section 5, 6(2)(f) r/w 22 of The Passport Act, 1967. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents and perused the materials available on record.

3.Perusal of the records shows that the petitioner did not explain before the trial Court, as to how the petition filed by him under Section 5, 6(2)(f) and 22 of the Passport Act, 1967, before the trial Court is maintainable .

https://hcservices.ecourts.gov.in/hcservices/

4. While the petitioner appeared before this Court with this petition, he is not in a position to furnish written answer for the return of the trial Court and hence, this Court is of the view that the prayer sought for in this petition is not maintainable and accordingly, the Criminal Original Petition is dismissed. However, liberty is given to the petitioner to work out her remedy in the manner known to law.

5. At request of the learned counsel for the petitioner, the Registry is directed to return the original petition, presented by the petitioner before the learned Judicial Magistrate, Tenkasi, to the learned counsel for the petitioner.

Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar.

To 1 The Judicial Magistrate, Tenkasi, 2 Do Thro' The Chief Judicial Magistrate, Tirunelveli.

3 The Inspector of Police, Kadayanallur Police Station, Tirunelveli.

4) The Passport Officer, The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

5)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Section Officer, E.R.Section, Madurai Bench of Madras High court, Madurai. (To return original Petition) Crl.O.P.(MD).No.84 of 2017 06.01.2017 https://hcservices.ecourts.gov.in/hcservices/ PJL AM/PN/09.02.2017/2P/7C