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Madras High CourtWP(MD)/19834/2025disposed of

Anbu Kalairaja v. The Regional Passport Officer

2025-07-23Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19834 of 2025 Anbu Kalairaja ... Petitioner Vs.

1.The Regional Passport Officer, The Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross Street, Trichy, Trichy District.

2.The Inspector of Police, Annavasal Police Station, Pudukkottai 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 respondent to issue Passport to the petitioner based on the petitioner's application in File No.TR2077395252525 dated 08.02.2025 within a time as stipulated by this Court.

For Petitioner : Mr.G.Mathavan For R1 : Mr.P.Arun Jayatram Central Government Standing Counsel For R2 : Mr.Vaikkam Karunanithi 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 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 has been arrayed as accused No.3 in FIR registered in Crime No.44 of 2022, dated 24.02.2022 on the file of the second respondent Police Station for the offences punishable under sections 379 of IPC and 21(1)

(2) of MMDR Act.

3. It is confirmed by the learned counsel for the second respondent that pursuant to the FIR registered against the petitioner in Crime No.44 of 2022, no charge sheet has been filed before the concerned Court till date.

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.44 of 2022 for the above offences. 2/4

5. Since no criminal case is pending against the petitioner as on date pursuant to the FIR registered in Crime No.44 of 2022, there can be no impediment for directing the first respondent to process the passport application of the petitioner, dated 08.02.2025.

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.44 of 2022 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.

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

23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 3/4

C.SARAVANAN, J.

Indu To 1.The Regional Passport Officer, The Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross Street, Trichy, Trichy District.

2.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

W.P(MD) No.19834 of 2025 23.07.2025 4/4