Vijaya Kumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Vijaya Kumar ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Boothapandy Police Station, Kanyakumari District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to Re-issue passport to the petitioner based on his application dated 10.01.2025 pending on the File Number MD2077202234924 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For R1 : Mr.M.Kannan 1/5

For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This writ petition has been filed for a Mandamus to direct the first respondent to Re-issue passport to the petitioner based on his application dated 10.01.2025.

2. An FIR has been registered against the petitioner in Crime No.368 of 2017 before the second respondent for offences under Section 147, 148, 294 (b), 323, 324, 506 (2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002. Till date, no charge sheet has been filed against the petitioner.

3. The learned Government Advocate for the second respondent submits that the charge sheet will be filed within a week before the Judicial Magistrate, Boothapandy.

4. It has been repeatedly held that the mere pendency of an FIR cannot be a ground for denying the renewal of a passport. It appears that the 2/5

petitioner was previously in possession of a passport bearing No. F4210245, which was valid between the year 1998 and 2008. Meanwhile, the petitioner was involved in Crime and therefore, the petitioner did not apply for the renewal of the passport. However, the petitioner has now applied for renewal of passport, as the petitioner has prospects of employment abroad.

5. Considering the same, there shall be a direction to the first respondent to renew of the passport of the petitioner, subject to the petitioner shall surrender the same to the second respondent. The petitioner may thereafter approach the concerned judicial Magistrate for the release of the passport.

6. The writ petition stands disposed of with the above direction. No costs.

16.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Boothapandy Police Station, Kanyakumari District.

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C.SARAVANAN, J.

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