A. Sivagananadhan v. The Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.Sivagananadhan ... Petitioner -vs1.The Passport Officer, Regional Passport Office (Madurai), Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
3.The Inspector of Police, District Crime Branch, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's passport application No.MD 1066730338524, dated 09.07.2024 and issue passport to petitioner, within a time stipulated fixed by this Court. For Petitioner : Mr.N.Ganesh
For R1 : Mr.K.Gokul Central Government Standing Counsel For R2 and R3 : 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 respondents 2 and 3 submitted that a criminal case has been registered against the petitioner in Crime No.5 of 2012 for the offences under Sections 120(B), 465, 468, 471 and 420 @ 120(B), 419, 423, 465 and 468 of I.P.C., on the file of the third respondent and the same has culminated in laying a charge sheet in C.C.No.9 of 2020 before the Judicial Magistrate Court No.I, Virudhunagar.
4. In view of the above said submissions, the petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake, if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny the relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by executing a special Vakalat.
5. Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer, who shall dispose of the petitionmentioned application in terms of the said order.
6. This Writ Petition is disposed of accordingly. There shall be no order as to costs.
NCC : Yes / No 25.03.2025 Index : Yes / No smn2 To:- 1.The Passport Officer, Regional Passport Office (Madurai), Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.
2.The Superintendent of Police, Virudhunagar District, Virudhunagar.
3.The Inspector of Police, District Crime Branch, Virudhunagar District.
VIVEK KUMAR SINGH , J.
smn2 25.03.2025