Udhayaraja v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Udhayaraja ... Petitioner -vs1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, Municipal Water Tank Building, Trichy.
2.The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai 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 issue fresh passport in petitioner's passport application No.TR2064672884322 dated 13.10.2022 to the minimum validity of 10 years within the time frame as fixed by this Court. For Petitioner : Mr.S.Rajamanickam For R1 : Mr.M.Muthukumar 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) submitted that a criminal case has been registered against the petitioner in Crime No.323 of 2021 for the offences under Sections 379 and 511 of I.P.C., and Section 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957, on the file of the second respondent, which is in 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 27.03.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, Municipal Water Tank Building, Trichy.
2.The Inspector of Police, Avudaiyarkovil Police Station, Pudukottai District.
VIVEK KUMAR SINGH , J.
smn2 27.03.2025