S.Abdul Bakki v. The Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.22699 2024 and W.M.P.(MD) No.19212 of 2024 S.Abdul Bakki
...Petitioner
-vs1.The Passport Officer, Regional Passport Office, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai-625 002.
2.The Sub Inspector of Police, S.P.Pattinam Police Station, Thiruvadanai Taluk, Ramanathapuram District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarified Mandamus, to call for the records of the 1st respondents Impugned communication No. SCN/317284175/24 dated 06.03.2024 and quash the same and consequently direct the 1st respondent to renewal the petitioners passport bearing No. G2877184 to him by considering his application in File No. MD1076240811124 dated 08.02.2024 and for other reliefs within a period stipulated by this Court.
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For Petitioner : Mr.S.Atham Ali For R1 : Mr.P.Paulpandi For R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)
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 filed on the file of the Judicial Magistrate, Thiruvadanai, Ramanathapuram in C.C.No.377 of 2023 and PRC No.43 of 2023. 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 2/5
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 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. Consequently, connected miscellaneous petition is closed. 24.09.2024 Index : Yes / No Internet : Yes / No ta 3/5
To 1.The Passport Officer, Regional Passport Office, Government of India, Ministry of External Affairs, Bharathi Ula Veethi, Race Course Road, Madurai-625 002.
2.The Sub Inspector of Police, S.P.Pattinam Police Station, Thiruvadanai Taluk, Ramanathapuram District.
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N.SATHISH KUMAR, J.
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