Madras High CourtWP(MD)/22988/2025disposed of

Hadil Arshad v. The Regional Passport Officer

2025-08-25Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Hadil Arshad ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office, New Municipality Complex, 7th Cross, Thillainagar, Trichy.

2.The Inspector of Police, Sammattividuthi Police Station, Pudukottai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned show cause notice issued by the first respondent dated 25.07.2025 and quash the same and consequently directing the first respondent to reissue the passport in Application No.ARN 25-1054557497(TR1075216664425) based on petitioner's application dated 20.06.2025 within the time stipulated by this Court. 1/5

For Petitioner : Mr.N.Kamesh For R1 : Mr.S.Pillai Monicandan Central Government Standing Counsel For R2 : Mr.Vaikam Karunanidhi Government Advocate (Crl.Side)

ORDER

This writ petition has been filed challenging the order dated 25.07.2025 passed by the first respondent and consequential direction to the first respondent to reissue the passport based on the petitioner's application dated 20.06.2025.

2. The learned Government Advocate for the second respondent submits that the petitioner is the sole accused in Crime No.58 of 2021 dated 21.03.2021 for the offences under Sections 279, 337 and 304(A) of the IPC. He further submits that although charge sheet was prepared as early as on 17.09.2021, it has not been filed before the Judicial Magistrate, Alangudi, Pudukkottai District, till date.

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3. Since no criminal case is pending against the petitioner, there can be no impediment in directing the first respondent to process the petitioner's passport application.

4. Accordingly, the first respondent is directed to process the passport application of the petitioner and issue passport to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order.

5. It is also made clear that in case charge sheet is filed and taken on file against the petitioner, the petitioner shall voluntarily surrender the passport before the concerned court and retrieve the same as and when the petitioner proposes to travel abroad by filing appropriate application. If the petitioner fails to comply with this condition, the first respondent is at liberty to cancel the passport.

6.The writ petition stands disposed of. No costs. 25.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The Regional Passport Officer, Regional Passport Office, New Municipality Complex, 7th Cross, Thillainagar, Trichy.

2.The Inspector of Police, Sammattividuthi Police Station, Pudukottai District.

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C.SARAVANAN, J.

sn W.P(MD).No.22988 of 2025 25.08.2025 5/5