Abdul Wahap v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Abdul Wahap ... Petitioner Vs., 1.The Regional Passport Officer, Regional Passport Office Madurai, Bharathi Ula Veethi, Race Course Road, Madurai, Tamil Nadu 625 002.

2.The State Rep., by The Inspector of Police, Silaiman Police Station, Madurai District.

(In Crime No.126 of 2017) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to issue the passport to the petitioner by considering the online application vide File No.MD1075783348123 dated 14.09.2023 within a time bound framed by this Court. For Petitioner : Mr.A.Rajamohamed For Respondents : Mr.K.Gokul (for R1) Mr.M.Vaikkam Karunanidhi(for R2) Government Advocate (Crl.side) 1/4

ORDER

Heard both sides.

2.The petitioner seeks 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 a criminal case, 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 case registered against the petitioner is 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. This 2/4

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 Email/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.

05.09.2024 NCC : Yes/No Index : Yes/No Rmk 3/4

N.SATHISH KUMAR , J.

Rmk To 1.The Regional Passport Officer, Regional Passport Office Madurai, Bharathi Ula Veethi, Race Course Road, Madurai, Tamil Nadu 625 002.

2.The State Rep., by The Inspector of Police, Silaiman Police Station, Madurai District.

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