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Madras High CourtWP(MD)/21743/2025disposed of

Gokulan v. The Regional Passport Office,

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.21743 of 2025 Gokulan ... Petitioner Vs.

1.The Regional Passport Officer, Tiruchirappalli, New Municipal Complex, Thillai Nagar, 7th Cross, Tiruchirappalli 620 018.

Tamil Nadu.

2.The Superintendent Enquiry Officer, Regional Passport Office, 2nd Floor, Corporation Complex Building, 7th Cross, West Thillai Nagar, Trichy, Tamil Nadu.

3.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to re-issuance the petitioner's passport on his application file No. TR1065325753425 dated 14.07.2025 based on his reply, dated 02.08.2025. 1/5

For Petitioner : Mr.T.Eashwar For R1 and R2 : Mr.A.Balaji Central Government Standing Counsel For R3 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

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 respondent Nos.1 and 2 and the learned Government Advocate appearing on behalf of the respondent No.3.

2. The petitioner is the second accused in Crime No.74 of 2019, dated 29.04.2019, on the file of the third respondent Police Station, for the offences punishable under Sections 147, 148, 294(b), 342, 323, 324 and 506(ii) IPC.

3. It is confirmed by the learned counsel for the third respondent that although the charge sheet had been made ready as early as on 24.06.2019, the same has not been filed before the jurisdictional Court. 2/5

4. The learned counsel for the respondent Nos.1 and 2, however, raised an objection in view of the First Information Report registered against the petitioner in Crime No.74 of 2019 for the aforesaid offences.

5. Since no criminal case is pending against the petitioner as on date pursuant to the said FIR, there can be no impediment in directing respondent Nos.1 and 2 to process the petitioner's passport application.

6. Accordingly, there shall be a direction to the first respondent to process the petitioner's passport application and issue the passport to the petitioner as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. In the event the charge sheet is filed before the jurisdictional Court in Crime No.74 of 2019, the petitioner shall voluntarily surrender the passport before the said Court. If the petitioner proposes to travel abroad, it is open to him to file an appropriate application before the concerned Court seeking retrieval of the passport. 3/5

7. With the above direction, this Writ Petition is disposed of. No costs. 08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu To 1.The Regional Passport Officer, Tiruchirappalli, New Municipal Complex, Thillai Nagar, 7th Cross, Tiruchirappalli 620 018.

Tamil Nadu.

2.The Superintendent Enquiry Officer, Regional Passport Office, 2nd Floor, Corporation Complex Building, 7th Cross, West Thillai Nagar, Trichy, Tamil Nadu.

3.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

4/5

C.SARAVANAN, J.

Indu W.P(MD) No.21743 of 2025 08.08.2025 5/5