Kishore Venkat v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.22077 2024 Kishore Venkat

...Petitioner

-vs1.The Regional Passport Officer, Office of the Regional Passport Office, Bharathiula Street, Race Course Road, Madurai.

2.The Inspector of Police, Kinathukidavu Police Station, Coimbatore District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, to direct the first respondent to issue a passport to the petitioner in file No.MD1076614099324 based upon the representation dated 14.08.2024. For Petitioner : Mr.S.Ramsundarvijayaraj For R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

Heard both sides.

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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 filed on the file of the Judicial Magistrate No.1, Pollachi. 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 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 2/4

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 petition-mentioned application in terms of the said order. 6.This writ petition is disposed of accordingly. No costs. 18.09.2024 Index : Yes / No Internet : Yes / No ta To 1.The Regional Passport Officer, Office of the Regional Passport Office, Bharathiula Street, Race Course Road, Madurai.

2.The Inspector of Police, Kinathukidavu Police Station, Coimbatore District.

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N.SATHISH KUMAR, J.

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