Madras High CourtWP(MD)/4312/2017disposed of

Jenifa Rani v. The Regional Passport Officer

2024-01-10Honourable Mr Justice B.Pugalendhi9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 10.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)Nos.4312, 11400 and 23145 of 2017 and WMP(MD)Nos.3463,8780,19724 and 19458 of 2017 Jenifa Rani ... Petitioner in WP(MD)Nos.4312 & 11400 of 2017 Vs 1.The Regional Passport Officer, Regional Passport Office, New Delhi.

2.The Passport Officer, Passport Office, Kochadai, Madurai.

3.The Deputy Passport Officer, Passport Office, Kochadai, Madurai.

4.The Assistant Passport Officer, Passport Office, Kochadai, Madurai.

5.The Superintendent, Passport Office, Kochadai, Madurai.

... Respondents 1 to 5 in WP(MD)Nos.4312 & 11400 of 2017 6.Balakrishnan 1/9

7.Jeyarani ... Respondent 6 and 7 in WP(MD)No.4312 of 2017 6.Sivasankar ... Respondent 6 in WP(MD)No.11400 of 2017 PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 to 5 to impound the passports of the respondents 6 and 7 bearing passport Nos.K4025724, K4025738 and N.9602752 on the basis of the petitioner's representation dated 07.03.2017 and 14.06.2017.

For Petitioner : Mr.R.Manoharan in both cases For Respondent : Mr.K.R.Laxman Nos.1 to 5 Central Govt.Sr Panel Counsel in WP(MD)No.4312 of 2017 : Mr.S.Jeyasingh Central Govt.Standing Counsel For Respondent : No representation Nos.6 and 7 WP(MD)No.23145 of 2017 B.Siva Shangar ... Petitioner VS 2/9

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

2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai. ... Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of writ of certiorari to call for the records relating to the impugned order dated 31.10.2017 issued by the 1st respondent impounding the passport of the petitioner bearing number N9602752 and quash the same illegal. For Petitioner : Mr.Chamundi Bose in both cases For Respondent : Mr.S.Jeyasingh, No.1 Central Govt.Sr Panel Counsel For Respondent : Mr.M.Vaikkam Karunanithi No.2 Government Advocate (Crlside)

ORDER

The petitioner in WP(MD)Nos.4312 and 11400 of 2017 is the defacto complainant in Crime No.24 of on the file of the All Women Police Station, Tallakulam. The case is 3/9

registered as against one Sivasankar, Balakrishnan, Jeyarani, Dyna Balakrishnan under Section 498(A), 294(b), 506(4) and 109 IPC and the final report has already been filed and the same is pending on the file of the Additional Mahila Court, Madurai in CC.No.12 of 2017.

3.The petitioner with a grievance that her husband Sivasankar / accused No.1 and her in-laws accused Nos.2 and 3 are evading the proceedings in CC.No.12 of 2017 and therefore, she filed the above writ petitions for a writ of mandamus directing the respondent to impound the passport of the accused in CC.No.12 of 2017.

4.The writ petition in WP(MD)No.23145 of 2017 is filed by husband Sivashangar as against the show cause notice issued by the Regional Passport Authority calling for his explanation in respect of the criminal case pending against him.

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5.The learned Counsel for the petitioner defacto complainant submits that the accused in CC.No.12 of 2017 are evading the proceedings and attempting to abscond from the process of law. Therefore, the petitioner has filed the present writ petitions for impounding their passports 6.There is no representation for the petitioner in WP(MD)No.23145 of 2017/ 5th respondent in WP(MD)No.11400 of 2017, respondent No.6 in WP(MD)No.11400 of 2017 and respondents 6 and 7 in WP(MD)No.4312 of 2017.

7.The learned Government Advocate (Crl Side) appearing for the respondent Police submits that the trial in CC.No.12 of 2017 is not yet commenced and it is posted for examination of PW1 to PW4 on 06.02.2024.

8.This Court considered the rival submissions made and perused the materials placed on record. 5/9

9.The trial in CC.No.12 of 2017 on the file of the Additional Mahila Court, Madurai is not yet commenced. Therefore, the accused in CC.No.12 of 2017 shall satisfy the Court that they will be available for the trial. Accordingly, these writ petitions are disposed of with the following directions:- i)The Passport Issuing Authority is bound to take action as against the private respondents as per Section 10(3)(e) of the Passport Act.

ii)The accused in CC.No.12 of 2017 shall file an affidavit of undertaking along with substantive sureties to ensure their availability for the trial, before the concerned Court where the case is pending. The Court, on satisfaction and after ensuring their availability for the trial, shall issue a No Objection Certificate to them.

iii) The petitioner in WP(MD)No.23145 of 2017, thereafter, shall file an affidavit under GSR.570(E) along with a No Objection Certificate obtained from 6/9

the concerned Court before the Passport Authority. On such presentation of the application, the Passport Authority shall consider the same as per the notification dated 10.10.2019. No costs. Consequently connected miscellaneous petitions are closed. 10.01.2024 Internet : Yes / No DSK To 1.The Regional Passport Officer, Regional Passport Office, New Delhi.

2.The Passport Officer, Passport Office, Kochadai, Madurai.

3.The Deputy Passport Officer, Passport Office, Kochadai, Madurai.

4.The Assistant Passport Officer, Passport Office, Kochadai, Madurai.

5.The Superintendent, Passport Office, Kochadai, Madurai.

6.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

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7.The Inspector of Police, All Women Police Station, Thallakulam, Madurai.

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B.PUGALENDHI, J.

dsk WP(MD)Nos.4312, 11400 and 23145 of 2017 10.01.2024 9/9