Mohamed Saleem Raja. I v. The Government Of India

1 W.P.(MD)NO.14810 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14810 of 2024 Mohamed Saleem Raja ... Petitioner Vs.

1. The Government of India, Ministry of External Affairs, Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Inspector of Police, Elayankudi police station, Elayangudi, Sivagangai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue passport to the petitioner and to permit the petitioner to go to abroad by considering the petitioner's application in file No.MD1066574598124 dated 22.05.2024 as well as the petitioner's representation dated 26.06.2024 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For R-1 : Mr.G.Vidhyamaheswaran For R-2 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.14810 OF 2024

O R D E R

Heard both sides.

2.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. 3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner is pending at the FIR stage. 4.It is well settled that when the case is pending only at the FIR stage, there is no impediment for the Regional Passport Officer to grant relief.

5.The petitioner has to appear before the jurisdictional police and file an affidavit indicating his contact details. The petitioner apart from furnishing his residential address must also give his WhatsApp 2/4

3 W.P.(MD)NO.14810 OF 2024 mobile number, e-mail ID. This is because, if any adverse final report is filed and the same is also taken on file by the jurisdictional criminal court, it should be possible to serve summons on the petitioner with the available details. The petitioner shall give an undertaking that the prosecution initiated against him will not be stalled on account of his absence from India. He should undertake that summons can be served on him through E-mail/WhatsApp. If necessary, the petitioner will have to execute a special vakalat in future so that he can be represented by his counsel in the proceedings in terms of Section 205 of Cr.P.C. 6.Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional police, the jurisdictional Regional Passport Officer shall process the petitionmentioned application and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs.

10.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.14810 OF 2024 G.R.SWAMINATHAN,J.

PMU To:

1. The Regional Passport Officer, The Government of India, Ministry of External Affairs, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Inspector of Police, Elayankudi police station, Elayangudi, Sivagangai District.

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