← Library
Madras High CourtWP(MD)/19155/2025dismissed

K.Kamaraj v. The Regional Passport Officer

2025-07-16Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19155 of 2025 K.Kamaraj ... Petitioner Vs.

1.The Regional Passport Officer, Government of India Ministry of External Affairs, Regional Passport Office, Madurai.

Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Passport Officer, Melkkal Main Road Passport Office, Kochadai, Madurai, Madurai District.

3.The Inspector of Police, Anjugram Police Station, Kanyakumari, Kanyakumari District.

(Crime No. 255 of 2022).

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent Nos.1 and 2 to issue a passport to the petitioner based on the petitioners application in file No. MD2067551160325 dated 11.04.2025.

1/4

For Petitioner : Mr.U.Antony Santhosh For R1 and R2 : Mr.V.Murali Ganesh Central Government Standing Counsel For R3 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Central Government Standing Counsel appearing on behalf of the respondent Nos.1 and 2 and the learned Government Advocate appearing on behalf of the respondent No.3.

2. The petitioner has been arrayed as the sole accused in First Information Report registered in Crime No.255 of 2022 on the file of the third respondent Police Station for the offences punishable under sections 304(A) of IPC.

3. It is confirmed by the learned counsel for the third respondent that pursuant to the FIR registered in Crime No.255 of 2022 against the petitioner, charge sheet has been filed and it has been taken on file by the learned Judicial Magistrate-III, Nagercoil in C.C.No.584 of 2023. 2/4

4. Considering the submission made by the third respondent and since criminal case is pending against the petitioner, there is no scope for directing the respondent Nos.1 and 2 to issue passport to the petitioner in the light of the Section 6(2)(f) of Indian Passport Act, 1967. However, it is open to the petitioner to move appropriate application at appropriate stage of the case for appropriate direction before the first respondent to consider the petitioner's application for passport. The learned Judicial Magistrate III, Nagercoil, is directed to pass appropriate orders in the application that may be filed by the petitioner in future.

5. With the above direction and liberty, this Writ Petition is dismissed. No costs.

16.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 3/4

C.SARAVANAN, J.

Indu To 1.The Regional Passport Officer, Government of India Ministry of External Affairs, Regional Passport Office, Madurai.

Bharathi Ula Veethi, Race Course Road, Madurai.

2.The Passport Officer, Melkkal Main Road Passport Office, Kochadai, Madurai, Madurai District.

3.The Inspector of Police, Anjugram Police Station, Kanyakumari, Kanyakumari District.

W.P(MD) No.19155 of 2025 16.07.2025 4/4