Madras High CourtWP(MD)/12908/2023disposed of

Uthaya. N v. The Regional Passport Officer

2023-06-12Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN N.Uthaya ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002.

2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District. ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to issue the passport to the petitioner on his application dated 02.05.2023 in File No.MA 3075319410523 of the first respondent based on the representation of the petitioner dated 21.05.2023 in a time bound manner. For Petitioner : Mr.D.Senthil For Respondents : Mr.S.Pon Senthil Kumar Special Government Pleader for R1 1/4

Mr.N.Muthu Vijayan Special Government Pleader for R2

O R D E R

This Writ Petition has been filed in the nature of a writ of Mandamus, seeking a direction to the first respondent to issue passport to the petitioner.

2. The petitioner was informed that F.I.R in Crime No.233 of 2022 had been registered against him for the offences punishable under Sections 341, 323 and 506(ii) IPC by the second respondent.

3. It is stated by the learned Special Government Pleader appearing for the second respondent that the final report had been filed before the learned Judicial Magistrate, Kadaladi.

4. Let the necessary permission be obtained from the said Judicial Magistrate. I am confident that the said Judicial Magistrate would view the matter in the manner known to law and would take a considered decision on the application made by the petitioner herein. It is to be noted 2/4

that presumption of innocence runs through criminal jurisprudence of this country and no person can be termed as offender of the crime till he is convicted. In this case, the petitioner has not yet been convicted.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

12.06.2023 Index: Yes/No Internet: Yes/No ssb To 1.The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai-600 002.

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

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C.V. KARTHIKEYAN, J.

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