Madras High CourtCRL RC(MD)/177/2019dismissed

Neethi Devan Manoharan v. The Regional Passport Officer

2023-06-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 23.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Neethi Devan Manoharan ... Petitioner/ Petitioner/ Accused vs.

The Regional Passport Officer Regional Passport Office Madurai Bharathi Ula Veethi Race Course Road, Madurai. ... Respondent/Respondent/Complainant PRAYER : This Criminal Revision has been filed under Section 397 r/w 401 (2) of Cr.P.C., to set aside the order dated 27.08.2018 made in Crl.M.P.No.4486/2018 on the file of the learned Judicial Magistrate, Melur.

For Petitioner : Mr.S.Santhanam Rajeshkumar For Respondent : Mr.M.Rajendran Standing counsel 1/4

ORDER

This Criminal Revision Petition has been filed to set aside the order dated 27.08.2018 made in Crl.M.P.No.4486/2018 on the file of the learned Judicial Magistrate, Melur and thereby, dismissed the issuance of passport.

2.The petitioner is an accused in C.C.No.109 of 2011. The petitioner suppressed the fact that he is an accused in C.C.No.109 of 2011 and applied for passport. On verification, the respondent rightly rejected the application for seeking passport. Again, the petitioner made representation to consider his application for issuance of passport on the ground that the petitioner name was not found in the FIR and while filing the final report, he has been implicated as an accused. Therefore, he was not aware of the fact that his name was implicated in the charge sheet. However, it was properly explained by the respondent and rejected the application for issuance of passport. While pending trial in C.C.No.109 of 2011, the petitioner has filed an application before the trial Court to consider his application for issuance of passport. Therefore, the trial Court rightly dismissed the petition on the ground that the petitioner 2/4

suppressed about the pendency of the criminal case and also if the petitioner is issued passport, he will abscond. Therefore, this Court finds no infirmity or illegality in the order passed by the trial Court and the revision is liable to be dismissed.

3.Accordingly, the Criminal Revision Case is dismissed. 23.06.2023 sji NCC : Yes/No Index: Yes/No Internet: Yes/No To 1.The Judicial Magistrate, Melur.

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

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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G.K.ILANTHIRAIYAN , J.

sji 23.06.2023 4/4