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Madras High CourtWP(MD)/19680/2018dismissed

Maria Vijaya, v. The Regional Passport Officer

2019-09-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.19680 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.19680 of 2018 and W.M.P.(MD)No.17443 of 2018 Maria Vijaya ... Petitioner Vs.

1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Street, Race Course Road, Near Thamarai Thotti Bus Stop, Madurai - 2.

2.The Superintendent of Police Tirunelveli District, Tirunelveli.

3.The Inspector of Police Panagudi Police Station, Tirunelveli District.

4.Murugan, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents neither to impound the passport of the 4th respondent or to prevent the 4th respondent from going abroad without getting prior permission from the Learned Judicial Magistrate Court, Valliyoor, Tirunelveli District in which criminal case in Crime No.288 of 2018 is pending against the 4th respondent by considering the petitioners representation dated 01.08.2018. For Petitioner : Mr.S.R.Anbarasu For R2 & R3 : Mr.R.Anandharaj Additional Public Prosecutor For R1 : Mr.S.Jeyasingh

O R D E R

This petition has been filed to direct the respondents neither to impound the passport of the 4th respondent or to prevent the 4th respondent from going abroad without getting prior permission from the learned Judicial Magistrate, Valliyoor, Tirunelveli District, in which criminal case in Crime No.288 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.19680 of 2018 is pending against the 4th respondent by considering the petitioner's representation dated 01.08.2018. 2.Heard the learned counsel for the petitioner, the learned counsel for the first respondent and the learned Additional Public Prosecutor for the respondent police.

3.The learned Additional Public Prosecutor would submit that after completing the investigation, in Crime No.288 of 2018, the respondent police has filed a final report before the learned Judicial Magistrate, Valliyoor, Tirunelveli District, and the same was taken cognizance and pending in C.C.No.289 of 2018. Therefore, the prayer sought for in this Writ Petition cannot be considered. 4.Considering the facts, the writ petitions is devoid of merits and hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Regional Passport Officer Regional Passport Office, Bharathi Ula Street, Race Course Road, Near Thamarai Thotti Bus Stop, Madurai - 2.

2.The Superintendent of Police Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Panagudi Police Station, Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to: The Judicial Magistrate, Valliyoor, Tirunelveli District.

+1 CC to M/s.S.JEYASINGH, Advocate SR-86700.

W.P.(MD)No.19680 of 2018 12.09.2019 CS(01.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2