Arunkumar v. The Regional Passport Office
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.25408 of 2023 and WMP(MD)No.21581 of 2023 Arunkumar ... Petitioner v.
1.The Regional Passport Officer, Tiruchirapplli, New Municipal Complex, 7th Cross Thillai Nagar, Trichy - 620 018.
2.The Inspector of Police, Ganesh Nagar Police Station, Pudhukottai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Notice in No.OBJ/315422649/23 dated 03.08.2023 passed by the Respondent No.1 and quash the same as illegal and consequently direction directing the Respondent No.1 to renewal of petitioner passport pending in file No.TR1075572293523 by considering petitioners representation dated 05.10.2023 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. 1/5
For Petitioner : Mr.K.Dinesh For Respondents : Mr.S.Karthick for R1 Mr.A.Albert James, Government Advocate for R2
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 the criminal case registered against the petitioner is pending at the FIR stage.
4.It is well settled that when the case is pending only at the FIR stage, there is no impediment for the Regional Passport Officer to grant relief. 2/5
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 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.
22.11.2023 Index : Yes / No Internet : Yes/ No skm 3/5
To 1.The Regional Passport Officer, Tiruchirapplli, New Municipal Complex, 7th Cross Thillai Nagar, Trichy - 620 018.
2.The Inspector of Police, Ganesh Nagar Police Station, Pudhukottai District.
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G.R.SWAMINATHAN, J.
skm WP(MD)No.25408 of 2023 and WMP(MD)No.21581 of 2023 22.11.2023 5/5