Askar Ali v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Askar Ali ... Petitioner -vs1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai.

2.The Inspector of Police, District Crime Branch, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue Passport to the petitioner by processing the petitioner's application in File No.MD1076833957924, based on petitioner's representation dated 13.03.2025 within a time limit stipulated by this Court. For Petitioner : Mr.B.Arun For R1 : Mr.Kuttalanathan Central Government Standing Counsel For R2 : Mr.K.Gnanasekaran Government Advocate (Criminal side)

ORDER

Heard both sides.

2. The petitioner seeks issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed.

3. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the second respondent submitted that a criminal case has been registered against the petitioner in Crime No.2 of 2023 for the offences under Sections 465, 468, 471, 420 and 120B of I.P.C., on the file of the second respondent, which is pending at the F.I.R. stage.

4. It is well settled that when the case is pending only at the F.I.R. stage, there is no impediment for the Regional Passport Officer to grant the relief sought for by the petitioner herein.

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 I.D. 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 Email/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.

7. This Writ Petition is disposed of on the above terms. There shall be no order as to costs.

NCC : Yes / No 21.03.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai.

2.The Inspector of Police, District Crime Branch, Ramanathapuram.

VIVEK KUMAR SINGH , J.

smn2 21.03.2025