Jothimani v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.20863 of 2023 Jothimani ... Petitioner v.

1.The Passport Officer, Regional Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

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

3.The Inspector of Police, Manamadurai Police Station, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to include the petitioner wife's name Kanaga in the petitioner Passport book no. M3866582 in appropriate column considering my application submitted in file no.MD1074454253322 dated 01.08.2022 and re-issue the same based on the petitioner's representation dated 28.07.2023. 1/5

For Petitioner : Mr.M.Boopathipandian For Respondents : Mr.R.Senthilkumar for R1 Mr.A.Albert James, Government Advocate for R2 to R4

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 has since been charge sheeted and it has been taken on file in C.C.No.1148 of 2022 on the file of the Judicial Magistrate, Manamadurai. 4.The petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The 2/5

learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 205 of Cr.P.C by executing a special vakalat.

5.Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer who shall dispose of the petitionmentioned application in terms of the said order. 6.This writ petition is disposed of accordingly. No costs. 22.11.2023 Index : Yes / No Internet : Yes/ No skm 3/5

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

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

3.The Inspector of Police, Manamadurai Police Station, Madurai.

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G.R.SWAMINATHAN, J.

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