Madras High CourtWP(MD)/22023/2025disposed of

Nagarasu v. The Regional Passport Officer

2025-08-12Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)No.17126 of 2025 Nagarasu ... Petitioner -vs1.The Regional Passport Officer, The Regional Passport Office, New Municipal Complex, Thillainagar, 7th Cross, Trichy - 625 018.

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

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the entire records pursuant to the impugned clarification under Letter Ref.No.OBJ/1049573882/25 dated 14.07.2025, issued by the first respondent and to quash the same as unwarranted and unlawful and further to direct the first respondent to renew and issue passport under File No.TR1075181288425 to the petitioner, within the time frame fixed by this Court.

For Petitioner : Mr.M.Pitchai Muthu For R1 : Mr.DM.Balakrishnan Central Government Standing Counsel For R2 : Mr.M.Vaikam Karunanithi Government Advocate (Criminal side)

ORDER

The petitioner had submitted an application for re-issuance of passport on 12.06.2025. However, he received a communication dated 14.07.2025 informing him that a criminal case was pending against him in Crime No.378 of 2024 for the offences under Sections 115(2), 296(b) and 351(2) r/w 117(2), 296(b) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

2. The learned Government Advocate (Criminal Side) for the second respondent submits that there are two accused in Crime No.378 of 2024 and the petitioner has been arrayed as the first accused. It is further submitted that the charge sheet was made ready on 30.11.2024 and was filed through e-filing on 03.01.2025 before the learned Judicial Magistrate, Orathanadu, Thanjavur District. However, same is yet to be taken on file by the said Court.

3. Since, as on date, no case is pending against the petitioner, this Court finds no impediment in directing the first respondent to process the petitioner's passport application dated 12.06.2025. Accordingly, the first respondent is directed to process the said application and pass appropriate orders in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.

4. It is, however, made clear that the petitioner shall surrender the passport as and when the charge sheet is taken on file by the said Court. In the event, the petitioner fails to do so, it is open to the second respondent to seize the passport and hand it over to the concerned Court for appropriate orders.

5. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 12.08.2025 Index : Yes / No smn2

To:- 1.The Regional Passport Officer, The Regional Passport Office, New Municipal Complex, Thillainagar, 7th Cross, Trichy - 625 018.

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

C.SARAVANAN , J.

smn2 W .P.(MD)No.22023 of 2025 12.08.2025