N. Venugopal v. The Regional Passport Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR N.Venugopal . .. Petitioner Vs.
1.The Regional Passport Authority, Regional Passport Office, Thillainagar 7th Cross, Corporation New Complex Building, Trichy -18.
2.The Superintendent of Police, Trichy District, Trichy.
3.The Inspector of Police, Samayapuram Police Station, Samayapuram, Trichy District.
4.The Inspector of Police, Gandhi Market Police Station, Trichy City.
... 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 passport to the petitioner based on the petitioner's passport application No.TR2066895959524 and reply dated 09.10.2024. Page No.1/5
For Petitioner : Mr.S.Krishnan For Respondents : Mr.V.B.Sundhareswar (for R1) Standing Counsel Mr.M.Vaikkam Karunanithi Government Advocate (crl.side) (for R2 to R4)
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.
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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 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 Page No.3/5
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. 22.10.2024 Index :
Yes / No NCC : Yes / No Rmk To 1.The Superintendent of Police, Trichy District, Trichy.
2.The Inspector of Police, Samayapuram Police Station, Samayapuram, Trichy District.
3.The Inspector of Police, Gandhi Market Police Station, Trichy City.
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N.SATHISH KUMAR , J.
Rmk 22.10.2024 Page No.5/5