John Peter v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM

THE HON'BLE MR.JUSTICE C. SARAVANAN John Peter ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Race Course Road, Madurai.

2.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

(In Crime No. 371 of 2022) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, direct the first respondent to renew a passport to the petitioner based on his application through online dated 02.04.2025 in file No.MD1077527797125 on the file of the first respondent.

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For Petitioner : Mr.R.Balamuruganantham For R1 : M/s.T.Saroja Central Government Standing Counsel For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed for a Mandamus to direct the first respondent to renew a passport to the petitioner based on his application through online dated 02.04.2025 in file No.MD1077527797125 on the file of the first respondent.

2. The learned Government Advocate for the second respondent submits that an FIR was filed against the petitioner in Crime No.371 of 2022 on 12.11.2022 for offences under Section 392 of the IPC, which has been later altered to Sections 395 and 397 of the IPC. It is further submitted a charge sheet has been filed and the case is taken on file before the Additional Sessions Court, Sivagangai in S.C.No.71 of 2024.

3. Considering the same, the question of issuance or renewal of passport cannot be considered. However, this Court has taken a view that Page No. 2 of 5

in the case of The Regional Passport Officer, Chennai Vs. Samsudeen Mohamed Salih and others, dated 02.06.2023 (W.A.No.902 of 2023). that passport can be issued. In view of the Division Bench of this Court, this Court is bound to follow the same. Therefore, a direction is issued to the first respondent to renew the passport of the petitioner within a period of three months from the date of receipt of a copy of this order. However, the passport shall be directly transferred to the file of Additional Sessions Court, Sivagangai in S.C.No.71 of 2024. In case, the petitioner proposes to travel abroad, the petitioner shall file suitable application before the concerned court for retaining the same.

4. The writ petition stands disposed of. There shall be no order as to costs.

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To 1.The Regional Passport Officer, Regional Passport Office, Race Course Road, Madurai.

2.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

(In Crime No. 371 of 2022) Page No. 4 of 5

C.SARAVANAN , J.

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