Sakthivel Arunachalam v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sakthivel Arunachalam ... Petitioner Vs.

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

2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.230 of 2014) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the representation / explanation dated 11.07.2024 and to consequentially expedite the process of issuing a passport to the petitioner in accordance with the Notification issued by Ministry of External Affairs, Government of India in G.S.R.No. 570 (E) dated 25.08.1993 and in the light of the office memoranda dated 10.10.2019 and thereby permit the petitioner to travel abroad.

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For Petitioner : Mr.G.Anto Prince For Respondents : Mr.T.Mahindran for R.1 Mr.A.Albert James Government Advocate (Criminal Side) for R.2

ORDER

Heard both sides.

2.The petitioner seeks issuance of passport.

3.The learned Government Advocate appearing for the second respondent states that the petitioner is figuring as A2 in C.C.No.343 of 2015 on the file of the learned Judicial Magistrate, Valliyoor. 4.The learned counsel appearing for the petitioner states that the petitioner wants to go abroad for 15 days only for business purpose. It is further stated that the main witnesses have already been examined and that have not implicated the petitioner herein. Taking into account the special facts and circumstances, the petitioner is permitted to file a Miscellaneous Petition before the learned trial Magistrate. The same shall be numbered immediately. The trial Magistrate will allow the same 2/4

by stipulating appropriate conditions, to ensure that the trial is not delayed on account of the petitioner's absence. Based on the order to be passed by the learned trial Magistrate, the first respondent will process the petition mentioned application and issue passport subject to the fulfilment of the other usual formalities.

5.This writ petition is allowed on these terms. There shall be no order as to costs.

19.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

Copy to The Judicial Magistrate, Valliyoor.

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G.R.SWAMINATHAN,J.

MGA 19.07.2024 4/4