Senthil Kumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Senthil Kumar ... Petitioner Vs.

1.The Regional Passport Officer Madurai, Regional Passport Office, Race Course Road, Madurai-625 002.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

3.The Inspector of Police, Melapalayam Police Station, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's passport Application File No.MD2066813180524, dated 05.08.2024 and to issue fresh passport to the petitioner within the time limit that may be fixed by this Court.

For Petitioner : Mr.M.Gangatharan For R1 : Mr.R.Senthil Kumar, Standing Counsel 1/4

For R2 & R3 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side)

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) appearing for the respondents 2 and 3 submitted that action has been dropped in the criminal case registered against the petitioner. 4.It is well settled that when the action is dropped, there is no impediment for the Regional Passport Officer to grant relief. 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. 2/4

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 petition-mentioned application and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs. 24.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/4

N.SATHISH KUMAR, J Yuva To 1.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli.

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