A.Jahir Husan v. The Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Jahir Husan ... Petitioner Vs 1.The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Commissioner of Police, O/o the Commissioner of Police, Madurai.

3.The Inspector of Police, B1, Vilakuthoon Police Station, Madurai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue a passport on the petitioner by considering the petitioner's application in File No.MD1071398450512, dated 27.03.2012.

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For Petitioner : Mr.S.M.A.Jinnah For R1 : Mrs.S.Raghaventhree Central Government Standing Counsel For R2 & R3 : Mr.Vaikkam Karunanidhi Government Advocate

O R D E R

The application filed by the petitioner for passport in the year 2017 was not considered by the passport authorities on the ground that this petitioner was involved in two criminal cases in Crime No. 703 of 2009 on the file of the B1 vilakkuthoon Police Station for the offences punishable under Section 397 IPC and Crime No.946 of 2011 on the file of the B1 vilakkuthoon Police Station for the offences punishable under Sections 188,353 and 452 IPC. Therefore, this petitioner has filed this writ petition for a Mandamus directing the respondents to issue a passport to him by considering his application dated 27.03.2012. 2.Today(05.01.2024), when this writ petition is taken up for hearing, the learned counsel on either side submits that the 2/5

criminal cases pending as against this petitioner in Crime Nos. 703 of 2009 and 946 of 2011 were ended in acquittal and as on date there is no criminal case as against this petitioner. 3.Considering the fact that no case is pending as against this petitioner as on date, this writ petition is disposed of with a liberty to the petitioner to submit a fresh application within a period of three weeks from the date of receipt of a copy of this order. On receipt of such application, the passport authorities shall process the same in accordance with law within a period of eight weeks from thereon. No costs.

05.01.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn 3/5

To 1.The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Commissioner of Police, O/o the Commissioner of Police, Madurai.

3.The Inspector of Police, B1, Vilakuthoon Police Station, Madurai.

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B.PUGALENDHI, J.

vrn Order made in 05.01.2024 5/5