Sethupathi v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.05.2023

CORAM:

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.11481 of 2023 Sethupathi .. Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Tiruchirapalli, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli-620 018.

2.The Inspector of Police, Vellanur Police Station, Pudukottai District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to reissue Passport Book to the petitioner by considering his passport application in File No.TR2075237881523 dated 04.04.2023 on the file of the 1st respondent by considering the representation given by the petitioner dated 03.05.2023.

For Petitioner :

Mr.D.S.Haroon Rasheed

For R1 :

Mr.H.Velavadhas For R2 :

Mr.V.Nirmalkumar Government Advocate

ORDER

Heard the learned counsel on either side.

2. The petitioner has submitted an application to the first respondent for re-issuance of his passport. Since the petitioner is involved in a criminal case in Crime No.243 of 2021 on the file of the second respondent, he apprehends that his application may not be processed.

3. It is well settled that mere pendency of a criminal case at the investigation or FIR stage is not a ground to deny re-issuance of passport. Therefore, there is no impediment for the first respondent to re-issue the passport to the petitioner. However, the petitioner has to appear before the second respondent and file an affidavit indicating his contact details. The petitioner has to furnish his mobile phone details as well as email details. This is because if any final report is filed adverse to

the petitioner and the same is taken on file by the jurisdictional Magistrate, it could be possible to serve summons on the petitioner. The petitioner also must give an undertaking that the prosecution initiated against him will not be stalled, on account of his absence from India. If necessary, the petitioner will have to execute Special Vakalath in future so that he can be represented in the proceedings. The petitioner shall file such affidavit before the second respondent within a period of two weeks from the date of receipt of a copy of this order. After the petitioner satisfies the first respondent that he has complied with the undertaking mentioned above, the first respondent shall process the petition mentioned application and re-issue passport subject to fulfilment of the other usual formalities. This shall be done as expeditiously as possible.

4. The Writ Petition is allowed on the above terms. No costs. 11.05.2023 NCC : Yes/No Index : Yes/No Note: Issue order copy on 12.05.2023 abr

G.R.SWAMINATHAN, J.

abr To 1.The Regional Passport Officer, Regional Passport Office, Tiruchirapalli, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli-620 018.

2.The Inspector of Police, Vellanur Police Station, Pudukottai District.

W.P.(MD) No.11481 of 2023 11.05.2023