Madras High CourtWP(MD)/11062/2024allowed

Kanakaraja v. The Regional Passport Officer

2024-06-12Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.11062 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11062 of 2024 Kanakaraja ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, Tiruchirappalli New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018.

2. The Inspector of Police, Vadakadu police station, Pudukkottai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the renewal of the petitioner's passport in File No.TR1075823435323 dated 27.09.2023 and to issue the passport to the petitioner by considering the petitioner's representation dated 25.04.2024 within the stipulated time by this Court.

For Petitioner : Mr.S.T.Sasidharan Tamilkani For R-1 : Mr.V.B.Sundhareswar, Central Government Standing counsel.

For R-2 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.11062 OF 2024

O R D E R

Heard both sides.

2.The petitioner seeks renewal of his 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 (Crl. Side) submitted that the criminal case registered against the petitioner is pending at the FIR stage. 4.It is well settled that when the case is pending only at the FIR stage, there is no impediment for the Regional Passport Officer to grant relief.

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 2/4

3 W.P.(MD)NO.11062 OF 2024 mobile number, e-mail ID. 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 E-mail/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 for renewal and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs.

12.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.11062 OF 2024 G.R.SWAMINATHAN,J.

PMU To:

1. The Regional Passport Officer, Regional Passport Office, Tiruchirappalli New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018.

2. The Inspector of Police, Vadakadu police station, Pudukkottai District.

W.P.(MD)No.11062 of 2024 12.06.2024 4/4