Mallika v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.19730 of 2025 Mallika ... Petitioner Vs.

1.The Regional Passport Officer, Passport Office, New Municipal Complex, Thillainagar, Tiruchirappalli.

2.The Commissioner of Police, Tiruchirappalli City Tiruchirappalli.

3.The Inspector of Police, Srirangam Town Police Station, Tiruchirappalli City.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent No.1 issue passport to the Petitioner.

For Petitioner : Mr. R.Venkatesan For R1 : Mr.M.Mithun, Central Government Standing Counsel For R2 and R3 : K.Sanjai Gandhi Government Advocate (Crl.Side) 1/4

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned counsel for the respective respondents.

2. The petitioner is the holder of a passport, which was valid from 01.12.2014 to 30.11.2024, and had applied for its renewal on 24.07.2024. However, it appears that a First Information Report was registered against the petitioner in Crime No.434 of 2021 for offences punishable under Sections 294(b), 323, and 506(i) of the IPC, and the same is pending in C.C.No.48 of 2022 on the file of the District Munsif-cum-Judicial Magistrate, Srirangam. It further appears that the case was listed on 13.07.2025 and subsequently on 29.07.2025 for the appearance of the accused.

3. It also appears that the petitioner was issued a show cause notice dated 07.08.2024, followed by a reminder on 05.02.2025, asking the petitioner to respond the same in respect of the criminal case pending against her. 2/4

4. Considering the fact that already criminal case is pending before the concerned Court, there is no scope for directing the respondents to issue passport to the petitioner in the light of the Section 6(2)(f) of Indian Passport Act, 1967. However, it is for the petitioner to approach the concerned Magistrate Court for appropriate direction to the first respondent for issuance of the passport.

5. Considering the fact that the petitioner is not involved in any serious crime, he is at liberty to file an application before the District Munsif-cumJudicial Magistrate, Srirangam, seeking appropriate relief. In the event the petitioner's passport application has not yet been closed, the first respondent shall process the same and issue the passport to the petitioner, subject to appropriate orders being passed by the said Court.

6. With the above direction and liberty, this Writ Petition stands disposed of. No costs.

22.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 3/4

C.SARAVANAN, J.

Indu To 1.The Regional Passport Officer, Passport Office, New Municipal Complex, Thillainagar, Tiruchirappalli.

2.The Commissioner of Police, Tiruchirappalli City Tiruchirappalli.

3.The Inspector of Police, Srirangam Town Police Station, Tiruchirappalli City.

W.P(MD).No.19730 of 2025 22.07.2025 4/4