Guna v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

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

2.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram 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 renew the passport by processing the application No.MDA077519491725, dated 27.03.2025 within a stipulated time period in accordance with law on the basis of the explanation cum representation dated 16.04.2025 and 23.04.2025. For Petitioner : Mr.C.Senthil Murugan For R1 : Mr.B.Satheesh Kumar Central Government Standing Counsel

For R2 : Mr.K.Gnanasekaran Government Advocate (Criminal side)

ORDER

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 (Criminal Side) appearing for the second respondent submitted that a criminal case has been registered against the petitioner in Crime No.179 of 2024 for the offences under Sections 189(2), 296(b), 115(2) and 351(2) of the B.N.S., 2023, on the file of the second respondent and the same has culminated in filing a final report through e-filing [LTN-20220002004C202400243] before the Judicial Magistrate Court, Thiruvadanai, Ramanathapuram 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 29.04.2025 Index : Yes / No To:- 1.The Regional Passport Officer, O/o.The Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

VIVEK KUMAR SINGH , J.

smn2 29.04.2025