Sajinraj v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Sajinraj ... Petitioner Vs.

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

2.The Inspector of Police, Kotticode Police Station, Kanyakumari District.

(Crime No.118 /2022) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to renew the petitioner's passport in passport No.L7338696 in reference to the File No.MD2076125649924 dated 30.12.2023 pending on the file of the first respondent authorities. For Petitioner : Mr.K.Sivabalan for M/s.Aran Legal Consultancy For Respondents : Mr.V.B.Sundhareshwar (for R1) Central Government Standing Counsel Mr.M.Vaikkam Karunanithi (for R2) Government Advocate (Crl.side) Page No.1/4

ORDER

Heard both sides.

2.The petitioner seeks renewal 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 taken on file in C.C.No.215 of 2023 on the file of the learned Judicial Magistrate, Padmanabhapuram.

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 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 Page No.2/4

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. 16.10.2024 Index :

Yes / No NCC : Yes / No Rmk Page No.3/4

N.SATHISH KUMAR , J.

Rmk W.P.(MD).No.23580 of 2024 16.10.2024 Page No.4/4