Siby v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Siby ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichy.

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

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to issue passport to the petitioner on the basis of the petitioner's application dated 14.03.2022 pending in File No.TR2064030655922 before the first respondent by accepting his explanation within a time frame. For Petitioner : Mr.T.Lenin Kumar For R1 : Mr.H.Velava Dhas For R2 : Mr.N.Ramesh Arumugam Government Advocate 1/4

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Assistant Solicitor General appearing for the first respondent and the learned Government Advocate appearing for the second respondent.

2. The petitioner applied to the first respondent seeking issuance of passport.

3. It is seen that the petitioner is involved in Crime No.210 of 2021 registered on the file of the second respondent for the offences under Section 379 of IPC r/w Sections 21(1), 21(2) of Tamil Nadu Mines and Minerals (Development and Regulation) Act, 1957.

4. The learned Government Advocate would state that investigation has been completed and that charge sheet is proposed to be filed. The fact remains that as on date, the case is remaining at the precognizance stage in other words at the FIR stage. Therefore, there is no impediment for the first respondent to issue passport as sought for by the petitioner.

5. The first respondent is directed to process the petition 2/4

mentioned application and issue passport to the petitioner subject to fulfilment of all the usual formalities.

6. The Writ Petition is allowed. No costs.

27.06.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichy.

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

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G.R.SWAMINATHAN,J.

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