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Madras High CourtWP(MD)/23314/2018closed

S.M.T. Arulanthu, S/O. Kaspar, v. The Passport Officer,

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P.(MD)No.23314 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.23314 of 2018 S.M.T.Arulanthu ... Petitioner Vs.

1.The Passport Officer, Regional Passport Office, Bharathi Ula Street, Madurai.

2.The Inspector of Police, Paramakudi Town Police Station, Ramananthapuram District.

3.Sahayam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to impound the Passport bearing No. H6826746 of the third respondent by considering the petitioner's representation dated 15.11.2018. For Petitioner : Mr.T.Lenin Kumar For R-1 : Mr.K.Prabhu For R-2 : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to impound the Passport bearing No. H6826746 of the third respondent, by considering the petitioner's representation dated 15.11.2018.

2.The learned counsel appearing for the first respondent submitted that based on a complaint given by the petitioner against https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.23314 of 2018 the third respondent herein, the case has been registered for the offences under Sections 294 (b), 323, 387 and 506 (ii) of the Indian Penal Code and Section 67 of Information Technology Act, 2000, in Crime No.88 of 2018.

3.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the second respondent, on instructions, submitted that the third respondent was arrested and remanded to judicial custody. He would submit that the second respondent Police has completed the investigation and filed a final report in Crime No.88 of 2018 before the learned Judicial Magistrate, Paramakudi and the same has been pending for taking cognizance. He further submitted that the third respondent released on bail and surrendered his passport before the concerned jurisdictional Magistrate and the passport is under the custody of the learned Judicial Magistrate. Hence, there is no question of impounding the above said passport belongs to the third respondent herein.

4.Recording the above said submissions, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.The Passport Officer, Regional Passport Office, Bharathi Ula Street, Madurai.

2.The Inspector of Police, Paramakudi Town Police Station, Ramananthapuram District.

Order made in W.P.(MD)No.23314 of 2018 Dated: 13.09.2019 tsg JM/26.09.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2