Madras High CourtWP(MD)/11700/2023disposed of

Saravanan.K v. The Regional Passport Officer

2024-11-12Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Saravanan ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai District.

2.The Inspector of Police, Melur 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, to direct the 1st respondent herein to issue passport to the petitioner by considering the petitioner's application dated 22.03.2023 in File No.MD165196472723 and the petitioner's explanation dated 19.04.2023.

For Petitioner : Mr.M.Siva Sankar For R-1 : No appearance For R-2 : Mr.K.Gnanasekaran, Government Advocate (Criminal Side) 1/4

ORDER

The present writ petition has been filed to direct the 1st respondent herein to issue passport to the petitioner by considering the petitioner's application dated 22.03.2023 in File No.MD165196472723 and the petitioner's explanation dated 19.04.2023.

2. Heard, Mr.M.Siva Sankar, learned counsel appearing for the petitioner, Mr.K.Gnanasekaran, learned Government Advocate (Criminal Side) and carefully perused the materials available on record.

3. The petitioner has applied for a passport before the 1st respondent on 22.03.2023 and the same was registered in File No.MD1065196472723. The 1st respondent has required an explanation from the petitioner with respect to the pending criminal cases against him, for which he also submitted his explantion on 19.04.2023. All three crimes in Crime Nos. 527/2021, 528/2021 and 529/2021 under Section 379 of IPC on the file of the 2nd respondent police were charge-sheeted by the 2nd respondent police vide C.C.Nos.182,183 & 185 of 2021 and the same were taken on file. Later, 2/4

all three cases were ended in acquittal on 25.03.2022 by the learned Judicial Magistrate Court.

4. A conclusion of criminal proceedings against an applicant for passport will not be an impediment for issuance of passport. In view of the same, there won't be any impediment for the 1st respondent to process the application for passport submitted by the 22.03.2022 and hence, the 1st respondent is hereby directed to issue a passport to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order.

5. Accordingly, writ petition stands disposed of. No costs. 12.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To The Inspector of Police, Melur Police Station, Madurai District.

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L.VICTORIA GOWRI, J.

Sml 12.11.2024 4/4