Madras High CourtWP(MD)/16127/2022allowed

Murugan.K v. The Regional Passport Officer

2022-07-22Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.16127 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16127 of 2022 K.Murugan ... Petitioner Vs.

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

2. The Inspector of Police, Keelavalavu police station, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned order dated 12.07.2022 passed by the first respondent and quash the same as illegal. For Petitioner : Mr.A.V.Arun For R-1 : Mrs.L.Victoria Gowri, Assistant Solicitor General of India.

For R-2 : Mr.K.Balasubramani, Special Government Pleader.

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2 W.P.(MD)NO.16127 OF 2022

O R D E R

Heard the learned counsel on either side.

2. The petitioner was holding an Indian passport. He seeks renewal of the same. Since a criminal case has been registered against the petitioner, the first respondent passed the impugned order dated 12.07.2022. Challenging the same, the present writ petition has been filed.

3. The learned Special Government Pleader would state that charge sheet is filed and it is yet to be numbered. The fact remains that as on date, the case is remaining at the pre-cognizance stage.

4. It has been held time and again that pendency of a criminal case at the FIR stage cannot be an impediment for processing the petitioner's request for issuance of passport. Therefore, the order impugned in this writ petition is quashed. The writ petition is allowed. The first respondent is directed 2/4

3 W.P.(MD)NO.16127 OF 2022 to issue passport subject to fulfilment of usual formalities. No costs.

22.07.2022 Index : Yes / No Internet : Yes/ No PMU To:

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

2. The Inspector of Police, Keelavalavu police station, Madurai.

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4 W.P.(MD)NO.16127 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.16127 of 2022 22.07.2022 4/4