Bharath Chandrabose v. The Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Bharath Chandrabose ... Petitioner Vs

1. The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2. The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

In Crime No. 52 of 2023.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to issue passport to the petitioner based on the petitioner's passport file No.MD5075084349725, dated 26.05.2025.

For petitioner : Mr. P.Aju Tagore 1/5

For respondents : Mr.P.M.Vishnuvarthanan Central Government Standing Counsel for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, the learned Central Government Standing Counsel for the first respondent and the learned Government Advocate (Crl.Side) for the second respondent.

2. The petitioner has filed this Writ Petition for a Mandamus to direct the first respondent to process the passport application filed by the petitioner on 21.05.2025 and thereafter, the petitioner was called for the personal hearing on 26.05.2025. However, the application of the petitioner has not been processed thereafter.

3. The learned Government Advocate (Crl.Side) for the second respondent, on the other hand, submits that an FIR has been registered in Crime No.52/2023 against the petitioner before the second respondent, wherein the petitioner has 2/5

been arrayed as third accused (A3) for the offences under Sections 294(b), 324, 506(2) of Indian Penal Code, 1860 and Section 4 of hte Tamil Nadu Prohibition of Harassment of Women Act, 2002.

4. It is submited that a charge sheet has been filed and the same was taken on filed by the learned judicial Magistrate, Karaikudi in C.C.No.287 of 2023 for the above mentioned offences.

5. Considering the same, there can be no positive direction to the first respondent to process the passport application of the petitioner. However, it is open for the petitioner to move a suitable application for appropriate orders before the learned Judicial Magistrate, Karaikudi, which is seized of the C.C.No. 287 of 2023 for appropriate orders for enabling the first respondent to process the passport application pending before the first respondent.

6. In case the petitioner's passport application has been closed since it was 3/5

filed 21.05.2025, liberty is given to the petitioner to file a fresh application subject to the petitioner securing a favourable order from the learned Judicial Magistrate, Karaikudi in C.C.No.287 of 2023.

7. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 31.07.2025 Internet : Yes / No apd To

1. The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

2. The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

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C.SARAVANAN, J.

apd 31.07.2025 5/5