Hilal.H v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN H.Hilal ... Petitioner Vs 1.The Superintendent of Police, O/o, the Superintendent of Police, Madurai District.

2.The Inspector of Police, Sedapatti Police Station, Madurai District.

3.The Officer-in-charge, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing respondent Nos.1 and 2 to consider the petitioner's representation dated 08.07.2023. For Petitioner : Mr.G.Karuppasamypandiyan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition is filed seeking for a direction to respondent Nos.1 and 2 to consider the representation dated 08.07.2023 and dispose of the same.

2. It is submitted by learned counsel for the petitioner that the petitioner was an accused in C.C.No.334 of 2013 before the learned District Munsif cum Judicial Magistrate, Peraiyur, for the offences under Sections 120 (B), 420, 468 and 471 of I.P.C. and he filed Crl.O.P.(MD).No.210 of 2017, seeking quashment of the same and the said petition was allowed on 23.01.2017 quashing the case registered against him. It is submitted that subsequently, no case is registered against the petitioner and as of now, there is no criminal case on his head. It is submitted that the petitioner has submitted an application before the Passport Authorities for renewal of the Passport. When the Passport Authorities have sent for verification of antecedents of the petitioner, the respondent Police have sent a report stating that C.C.No.334 of 2013 was pending, thereby, the passport renewal could not be done by the Passport authorities, thereby, sought for a suitable direction. 2/4

3. Learned Government Advocate (Criminal Side) representing the respondents submitted that same C.C.No.334 of 2013 has already been quashed by this Court and respondent Police are prepared to give a fresh report to the Passport Department stating that there is no case pending against him. The same is recorded.

4. Therefore, the petitioner is directed to file a fresh application before the Passport Authorities for renewal of the passport and once the Passport Authorities sent for the verification of the antecedents, the respondent Police are directed to give a report that C.C.No.334 of 2013 has already been quashed.

5. With the above direction, the Writ Petition stands disposed of. No costs.

21.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

DR.D.NAGARJUN, J.

tsg To 1.The Superintendent of Police, O/o, the Superintendent of Police, Madurai District.

2.The Inspector of Police, Sedapatti Police Station, Madurai District.

3.The Officer-in-charge, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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