Madras High CourtWP(MD)/15127/2024disposed of

Pitchaimani. S v. The Regional Passport Officer

2024-07-09Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.15127 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15127 of 2024 Pitchaimani ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Madurai District.

2. The Inspector of Police, Thiruppachetti police station, Sivaganga District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to issue passport to the petitioner by processing his application in File No. MD1066335594324 based on the explanation / representation dated 01.07.2024 within the time limit stipulated by this Court. For Petitioner : Mr.M.Divakaran For R-1 : Mr.V.S.Karthi For R-2 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.15127 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 has since been charge sheeted and it has been taken on file in C.C.No.89 of 2022 on the file of the Judicial Magistrate, Thirubuvanam.

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 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 2/4

3 W.P.(MD)NO.15127 OF 2024 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. 09.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.15127 OF 2024 G.R.SWAMINATHAN,J.

PMU To:

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Madurai District.

2. The Inspector of Police, Thiruppachetti police station, Sivaganga District.

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