Madras High CourtWP(MD)/22722/2025disposed of

Suber Ali v. The Regional Passport Officer

2025-08-20Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Suber Ali ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Inspector of Police, All Women Police Station, Keelakarai, Ramanathapuram District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to renew the petitioner's passport by considering his application taken on file as File No.MD1076409832524 within the time that may be stipulated by this Court.

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For Petitioner : Mr.D.S.Haroon Rasheed For R1 : Mrs.T.Saroja Central Government Standing Counsel For R2 : Mr.M.Vaikkam Karunanithi Government Pleader (Crl.Side)

ORDER

This writ petition has been filed for a writ of Mandamus to direct the first respondent to renew the petitioner's passport by considering his application in File No.MD1076409832524.

2. The petitioner was the holder of a passport which was valid from 13.01.2012 to 12.01.2022. After the expiry of the aforesaid passport, the petitioner has applied for a fresh passport by filing an application on 01.04.2024.

3. The learned Government Advocate for the second respondent submits that the petitioner is one of the accused person in Crime No.2 of 2023 for offences under Sections 498(A), 406 of the IPC and Section 4 of the Muslim Women (Protection of Right on Marriage) Act, 2019. 2/5

4. The learned counsel for the petitioner submits that although the case has been registered against the petitioner and others in C.C.No.21 of 2023 before the Judicial Magistrate Additional Mahila Court, Ramanathapuram, this Court, by its order dated 12.04.2023 in Crl.OP(MD)No.6680 of 2023, has kept the trial in abeyance against the petitioners therein, including the petitioner herein.

5. Since the case is pending against the petitioner, the question of giving direction to the respondents to process the passport application of the petitioner at this stage cannot be countenanced.

6. Considering the fact that the offences are under Sections 498(A), 406 of the IPC and Section 4 of the Muslim Women (Protection of Right on Marriage) Act, 2019, there shall be a direction to the first respondent to process the passport application of the petitioner and keep the passport ready for issuance to the petitioner, subject to the petitioner securing appropriate orders from thessaid Court for releasing the passport to the petitioner. In case the petitioner produces an order from the Judicial Magistrate, Additional Mahila Court, Ramanathapuram, the first respondent shall issue passport to the petitioner. 3/5

7. The writ petition stands disposed of. No costs. 20.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002.

2.The Inspector of Police, All Women Police Station, Keelakarai, Ramanathapuram District.

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C.SARAVANAN, J.

sn 20.08.2025 5/5