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Madras High CourtWP(MD)/19727/2025disposed of

Ahamed Kabeer M v. The Regional Passport Officer

2025-07-22Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19727 of 2025 Ahamed Kabeer M ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, New No.201/7d, Old No. 201/7, Medical College Road, Next to Kumaran Cinema Theatre, Thanjavur.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli City, Tirunelveli District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to renewal of the Petitioner passport bearing No.J7294560 to the petitioner by considering his application No.10052515871625, dated 09.06.2025 and for other reliefs within a period stipulated by this Court. For Petitioner : Mr.S.Atham Ali For R1 : Mr.P.Murugesan Central Government Standing Counsel 1/5

For R2 : 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 first respondent and the learned Government Advocate appearing on behalf of the second respondent.

2. The petitioner was a holder of the passport, which was earlier issued for a period between 09.03.2012 to 08.03.2022. In the mean while, the First Information Report has been registered against the petitioner and others in Crime No.428 of 2023 dated 09.07.2023 for the offences punishable under Sections 143, 341, 290 of IPC and 41(6)(a) of TN Police Act, 1888.

3. The learned counsel for the second respondent would submit that although investigation is complete, no charge sheet has been filed before the concerned Court.

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4. The learned counsel for the first respondent on the other hand has raised his objection in view of the First Information Reports registered against the petitioner in Crime No.428 of 2023 for the above offences.

5. Since no criminal case is pending against the petitioner as on date pursuant to the FIR registered in Crime No.428 of 2023, there can be no impediment for directing the first respondent to process the passport application of the petitioner, dated 09.06.2025.

6. Under these circumstances, there shall be a direction to the first respondent to issue the passport to the petitioner as expeditiously as possible. In case, charge sheet is filed by the second respondent before the concerned Court pursuant to the aforesaid Crime Nos.428 of 2023 registered against the petitioner, the petitioner shall surrender the passport before the concerned Court. In case the petitioner proposes to travel abroad, the petitioner may file a suitable application before concerned Court to retrieve the same. 3/5

7. With the above direction and liberty, this Writ Petition is disposed of. No costs.

22.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Regional Passport Officer, Regional Passport Office, New No.201/7d, Old No. 201/7, Medical College Road, Next to Kumaran Cinema Theatre, Thanjavur.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli City, Tirunelveli District.

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C.SARAVANAN, J.

Indu W.P(MD) No.19727 of 2025 22.07.2025 5/5