Karthick. C v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.Karthick ... Petitioner versus

1. The Regional Passport Officer, Trichy Region, New Municipal Complex, Thillainagar, 7th Cross Road, Trichy District.

2. The Inspector of Police, Vattathikkottai Police Station, Thanjavur District.

.... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the 1st respondent to issue the Passport for renewal to the petitioner, based on the petitioner's application No.TR1076006057123 dated 24.11.2023 on the basis of the petitioner's representation dated 31.07.2024. For Petitioner : Mr.P.Arumugam For R1 : Mr.P.T.Mahendran, Central Govt. Standing Counsel 1/4

For R2 : Mr.M.Vaikkam Karunanidhi, Government Advocate (Crl. Side)

ORDER

Heard both sides.

2. The petitioner seeks re-issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in two criminal cases, the present writ petition came to be filed.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal cases registered against the petitioner are pending at the FIR stage.

4. It is well settled that when the case is pending only at the FIR stage, there is no impediment for the Regional Passport Officer to grant relief.

5. The petitioner has to appear before the jurisdictional police and file an affidavit indicating his contact details. The petitioner apart from furnishing his residential address must also give his WhatsApp mobile number, e-mail ID. 2/4

This is because, if any adverse final report is filed and the same is also taken on file by the jurisdictional criminal court, it should be possible to serve summons on the petitioner with the available details. The petitioner shall give an undertaking that the prosecution initiated against him will not be stalled on account of his absence from India. He should undertake that summons can be served on him through E-mail/WhatsApp. If necessary, the petitioner will have to execute a special vakalat in future so that he can be represented by his counsel in the proceedings in terms of Section 205 of Cr.P.C.

6. Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional police, the jurisdictional Regional Passport Officer shall process the petition-mentioned application and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs. 29.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No.

ogy 3/4

N.SATHISH KUMAR , J.

ogy To

1. The Regional Passport Officer, Trichy Region, New Municipal Complex, Thillainagar, 7th Cross Road, Trichy District.

2. The Inspector of Police, Vattathikkottai Police Station, Thanjavur District.

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