Sagaya Susmitha v. The Government Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Sagaya Susmitha . .. Petitioner Vs.

1.The Government of India, Ministry of External Affairs, Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2.The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

... 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 issue fresh passport to the petitioner and permit the petitioner to go to abroad within the time limit that may be stipulated by this Court.

For Petitioner : Mr.R.Aravindraj For Respondents : Mr.S.Paramasivam (for R1) Standing Counsel Mr.M.Vaikkam Karunanithi (for R2) Government Advocate (Crl.side) Page No.1/4

ORDER

Heard both sides.

2.The petitioner seeks issuance 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 in the criminal case registered against the petitioner, final report has been filed but it is yet to be taken on file.

4.Even though final report has been filed, since it is yet to be taken on file, one has to proceed on the premise that there is no proceeding pending before any criminal Court against the petitioner within the meaning of the statutory provision.

5.The petitioner has to appear before the jurisdictional police and file an affidavit indicating his contact details. The petitioner apart from Page No.2/4

furnishing his residential address must also give his WhatsApp mobile number, e-mail ID. This is because, if any adverse final report is filed and the same is also taken on file by the jurisdictional criminal court, it should be possible to serve summons on the petitioner with the available details. The petitioner shall give an undertaking that the prosecution initiated against him will not be stalled on account of his absence from India. He should undertake that summons can be served on him through E-mail/WhatsApp. If necessary, the petitioner will have to execute a special vakalat in future so that he can be represented by his counsel in the proceedings in terms of Section 205 of Cr.P.C. 6.Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional police, the jurisdictional Regional Passport Officer shall process the petitionmentioned application and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs.

14.10.2024 Index :

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

N.SATHISH KUMAR , J.

Rmk To 1.The Government of India, Ministry of External Affairs, Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

2.The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

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