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Madras High CourtWP(MD)/22898/2025disposed of

Ayupkhan Sowkath Ali v. Union Of India

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 Writ Petition(MD)No.22898 of 2025 and WMP(MD)Nos.17977 and 17980 of 2025 Ayupkhan Sowkath Ali ..Petitioner Vs.

1.Union of India, Rep. by its Joint Secretary, PSP & CPO, Ministry of External Affairs, Patiala House, New Delhi - 110 001.

2.Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, 7th Cross, Thillainagar, Tiruchirappalli - 620 018.

3.The Inspector of Police, Gandhi Market Police Station, Trichy.

4.The Inspector of Police, Cantonment Police Station, Trichy.

(RR3 and R4 are suo motu impeaded as per order dated 21.08.2025) ... Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Letter Ref. No. OBJ/321206945/25 dt. 21.03.2025 issued by the 2nd respondent and quash the same and consequently direct the respondents to issue passport pursuant to application no. TR2077486326725 of the petitioner.

For Petitioner : Mr.B,E.Ashwin Bala Someshwerar For Respondents : Mr.S.S.Sundarapandian (for R1 and R2) Mr.M.Vaikkam Karunanithi Govt. Advocate (crl.side) (for R3 and R4)

ORDER

Further to the order, dated 21/08/2025, the following order is passed.

2.The learned Government Advocate (Criminal side) appearing for the newly impleaded respondent Nos.3 and 4 confirms that the petitioner has been proceeded with the following criminal cases. Case No.

Offence Status Crime No.525 of 2017 U/s.188 IPC Disposed (Fine paid) Crime No.818 of 2019 U/s.143 and 341 IPC Pending Trial 2/5

3.It is further submitted that in so far as Crime No.525 of 2017 is concerned, the petitioner has paid the fine amount for the offence under section 188 of IPC. In so far as Crime No.818 of 2019 is concerned, charge sheet has been filed and the same was taken on file by the Judicial Magistrate No.2, Trichy, in CCNo.2295 of 2015 and the trial court is commence and the case is posted to 29/08/2025 and the nature of offences appear to be petty in nature, which are bailable. 4.Considering the fact that the petitioner has proposed to travel abroad in connection with Hajji Pilgrimage, there shall be an direction to the second respondent to issue a temporary passport to the petitioner for a period of three months. Thereafter, it is for the petitioner to apply before the Judicial Magistrate No.

2, Trichy, for appropriate orders for the the second respondent to process the passport of the petitioner depending upon the case pending. The second respondent is directed to issue a temporary passport to the petitioner for a period of three months immediately. 5.With the above said direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 25.08.

To 1.The Joint Secretary, PSP & CPO, Union of India, Ministry of External Affairs, Patiala House, New Delhi - 110 001.

2.Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, 7th Cross, Thillainagar, Tiruchirappalli - 620 018.

3.The Inspector of Police, Gandhi Market Police Station, Trichy.

4.The Inspector of Police, Cantonment Police Station, Trichy.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

6.The Government Advocate (Criminal side) Madurai Bench of Madras High Court, Madurai.

4/5

C.SARAVANAN, J.

er Writ Petition(MD)No.22898 of 2025 25.08.2025 5/5