Madras High CourtWP(MD)/14639/2022allowed

Vignesh v. The Regional Passport Officer

2022-08-08Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.14639 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14639 of 2022 Vignesh ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli - 620 018.

2. The State rep. By, The Inspector of Police, Kadayanallur police station, Tenkasi 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 petitioner's passport vide Application No.MD2064151794922 dated 25.04.2022 by considering the petitioner's explanation dated 18.06.2022 within the time frame to be fixed by this Court. For Petitioner : Mr.S.Vishnuvardhan For R-1 : Mrs.L.Victoria Gowri, Assistant Solicitor General of India.

For R-2 : Mr.N.Ramesh Arumugam, Government Advocate.

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2 W.P.(MD)NO.14639 OF 2022

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.159 of 2018 registered on the file of the second respondent for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) of I.P.C. r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act and Crime No.19 of 2021 registered on the file of the second respondent for the offences under Sections 147, 148, 294(b), 323, 324, 506(i) of I.P.C. and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act.

4. The learned Government Advocate would state that the charge sheet is filed and it is to be taken on file. The fact 2/4

3 W.P.(MD)NO.14639 OF 2022 remains that as on date, the case is remaining at the pre-cognizance 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 mentioned application and issue passport to the petitioner subject to fulfilment of all the usual formalities.

6. The Writ Petition is allowed. No costs.

08.08.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli - 620 018.

2. The State rep. By, The Inspector of Police, Kadayanallur police station, Tenkasi District.

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4 W.P.(MD)NO.14639 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.14639 of 2022 08.08.2022 4/4