Prakash v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Prakash ... Petitioner -vs1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Sub Inspector of Police, Karaikudi North Police Station, Sivagangai 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 the passport to the petitioner in pursuant to the petitioner's application in File MD1077475206525, dated 10.03.2025.

For Petitioner : Mr.VA.Shanmugaraj For R1 : Mr.C.Shanmuga Sundaram 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.50 of 2022 for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C., on the file of the second respondent and the same has culminated in laying a charge sheet in C.C.No.1555 of 2022 before the Judicial Magistrate Court, Karaikudi, Sivagangai District.

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 09.04.2025 Index : Yes / No

Note:- Issue order copy on 09.04.2025.

To:- 1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Sub Inspector of Police, Karaikudi North Police Station, Sivagangai District.

VIVEK KUMAR SINGH , J.

smn2 09.04.2025