P.Harish Rajan v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 24/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR P.Harish Rajan ... Petitioner Vs

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Cource Road, Madurai - 625 002..

2. The Inspector of Police, S.S.Kottai Police Station, Sivagangai 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 issue fresh passport based on the petitioners passport application vide No.MD1066481460724 within the time to be stipulated by this Court.

For Petitioner : .Mr.A.B.Jeeva, For Respondent : Mr.B.Rajesh Saravanan for R1 Mr.M.Vaikkam Karunanidhi for R2 1/4

Government Advocate (Crl.Side)

ORDER

The petitioner seeks issuance of 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.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner has since been charge sheeted and it has been taken on file in C.C.No. 73/2022 on the file of the Judicial Magistrate, Singampunari.

3. I have considered the rival submissions and perused the materials available on record.

4.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 2/4

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 relief. Of course, the period of validity of passport will have to be restricted. It is also open to the 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 205 of Cr.P.C 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 petition-mentioned application in terms of the said order. 6.This writ petition is disposed of accordingly. No costs. 24.09.2024 RR TO The Inspector of Police, S.S.Kottai Police Station, Sivagangai District..

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N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.12647 of 2024 Date : 24/09/2024 4/4