Madras High CourtWP(MD)/16280/2024allowed

Manikandasuthan v. The Regional Passport Officer

2024-07-22Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.16280 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16280 of 2024 Manikandasuthan ... Petitioner Vs.

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

2. State rep. By, The Inspector of Police, Thondi police station, Ramanathapuram 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 based on the petitioner's application Ref.No.23-1000507501 dated 12.01.2023 vide application filing No.MD01C5018792723 dated 01.03.2023 on the basis of the petitioner's representation dated 10.07.2024 within a time frame fixed by this Court.

For Petitioner : Mr.K.Saravanan For R-1 : Mr.S.Pon Senthil Kumaran, Central Government Standing counsel.

For R-2 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.16280 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.16280 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.

22.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.16280 OF 2024 G.R.SWAMINATHAN,J.

PMU To:

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

2. State rep. By, The Inspector of Police, Thondi police station, Ramanathapuram District.

W.P.(MD)No.16280 of 2024 22.07.2024 4/4