Rafeek Mohamed Kasim v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rafeek Mohamed Kasim ... Petitioner Vs.

1.The Regional Passport Officer, Tiruchirappalli Municipal Water Tank Building, W.B.Road, Trichy - 620 008.

2.The Inspector of Police, Cyber Crime Police Station, CCD-III, Trichy, Trichy District.

(Crime No.9 of 2021) 3.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

(Crime No.113 of 2019) ... 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 vide Passport Application No.TR2073563748521.

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For Petitioner : Mr.M.Seeni Sulthan For Respondents : Mr.K.Govindarajan Deputy Solicitor General of India for R.1 Mr.A.Albert James Government Advocate (Criminal Side) for R.2 & R.3

ORDER

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 criminal cases, the present writ petition came to be filed.

3.When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) submitted that the two criminal cases have been registered against the petitioner. One is pending at the FIR stage and another is closed as 'mistake of fact'. 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.

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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 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.

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7.This writ petition is allowed on these terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

22.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Regional Passport Officer, Tiruchirappalli Municipal Water Tank Building, W.B.Road, Trichy - 620 008.

2.The Inspector of Police, Cyber Crime Police Station, CCD-III, Trichy, Trichy District.

3.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

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G.R.SWAMINATHAN,J.

MGA 22.07.2024 5/5