Munnamalai v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Munnamalai ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharthi Ula Street, Madurai - 625 002.

2.The Inspector of Police, Othakadai Police Station, Madurai 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 1st respondent to reissue the passport to the petitioner based on his application in file no. MD1074830622522, on the file of the 1st respondent within a stipulated period. For Petitioners : Mr.K.Rajeshwaran Advocate.

For R1 : Mr.Shankar Raman For R2 : Mr.N.Muthuvijayan Special Government Pleader 1/4

ORDER

The petitioner had applied for passport and was issued with passport No.K6714592. It had expired on 27.08.2022. He applied for re-issuance of passport in MD1074830622522 on 02.12.2022. It was informed that FIRs in Crime No.138 of 2018 and Crime No.203 of 2018 had been registered by the second respondent.

2. It had been claimed by the petitioner that the petitioner had been dropped as an accused in FIR in Crime No.203 of 2018. With respect to Crime No.138 of 2018, it had been stated by the learned Special Government Pleader that a final report had been filed and had been taken cognizance by the judicial Magistrate, Melur as S.T.C.No.466 of 2018 and the next hearing date is 21.07.2023.

3.The petitioner still remains a citizen of this country. He has not been convicted of any offence. The petitioner may therefore, give necessary application before the Judicial Magistrate at Melur and taking into consideration the nature of the offence, and also the provision of law particularly, Section 6 of the Indian passport Act, a direction is given to the 2/4

Judicial Magistrate, Melur, if such an application is filed, to pass necessary orders, within a reasonable period of time.

4. The writ petition stands disposed of giving that particular liberty to the petitioner herein. No costs.

22.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The Regional Passport Officer, Regional Passport Office, Bharthi Ula Street, Madurai - 625 002.

2.The Inspector of Police, Othakadai Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

C.V.KARTHIKEYAN, J.

pnn

ORDER

IN 22.06.2023 4/4