Madras High CourtWP(MD)/25659/2023disposed of

Sundar v. The Regional Passport Officer

2023-10-30Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.25659 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.25659 of 2023 Sundar ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Tiruchirappalli - 620 018.

2. The Inspector of Police, Voimedu police station, Nagapattinam District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue Police Clearance Certificate to the petitioner based on the application reference No.23-1008363425 on the file of the first respondent within a stipulated period.

For Petitioner : Mr.K.Rajeshwaran For R-1 : Mr.C.Nandhagopal, Central Government Standing counsel.

For R-2 : Mr.A.Albert James, Government Advocate.

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O R D E R

Heard both sides.

2. The petitioner wants this Court to direct the first respondent to issue Police Clearance Certificate.

3. When the matter was taken up for hearing, the learned Central Government Standing counsel submitted that as per the guidelines issued by the Government in the Passport manual, registration of FIR would also render the applicant ineligible for Police Clearance Certificate. It is seen that Crime No.481 of 2021 is pending against the petitioner on the file of the second respondent.

4. The learned Government Advocate submitted that the investigation is already over and the charge sheet is ready. The second respondent is directed to file the same before the jurisdictional criminal Court immediately and without any delay.

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5. The learned trial Magistrate shall take cognizance of the same and issue summons to the petitioner. The learned counsel appearing for the petitioner states that the petitioner would plead guilty and secure closure of the criminal case. The second respondent shall send a report to the first respondent immediately after the criminal case is over. The petitioner need not submit fresh application to the first respondent. The first respondent shall keep the petitioner's application for Police Clearance Certificate pending. Based on the report of the second respondent, the first respondent shall give disposal to the petitioner's application. This writ petition stands disposed of accordingly. No costs.

30.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy on 31.10.2023.

To:

1. The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Tiruchirappalli - 620 018.

2. The Inspector of Police, Voimedu police station, Nagapattinam District.

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4 W.P.(MD)NO.25659 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.25659 of 2023 30.10.2023 4/4