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Madras High CourtWP(MD)/18562/2022allowed

Mohamed Irfan v. The Regional Passport Officer

2022-08-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Mohamed Irfan ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichirapalli-620 008.

2.The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to issue passport to the petitioner by considering his passport application in file number TR1074285495922 dated 23.06.2022.

For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.L.Victoria Gowri Additional Solicitor General of India for R.1 Mr.G.Sivaraja Government Advocate for R.2 1/4

ORDER

Heard the learned counsel on either side.

2.The writ petitioner submitted an application to the first respondent seeking issuance of passport. Since the petitioner got involved in a criminal case, the first respondent did not process the petitioner's application. It is now stated by the learned Government Advocate for the second respondent that the criminal case is pending only at the FIR stage. 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 first respondent is directed to issue passport to the petitioner by considering the petition mentioned application subject to fulfilment of other formalities. 3.The writ petition is allowed accordingly. No costs. 16.08.2022 Index : Yes / No Internet : Yes/ No skm 2/4

To 1.The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Trichirapalli-620 008.

2.The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

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G.R.SWAMINATHAN, J.

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