P.Suresh Pasuvan v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.11.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Suresh Pasuvan ... Petitioner Vs.
1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Road, Reserve Line, Madurai.
2. The Inspector of Police, Puliyarai Police Station, Tenkasi District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the impugned clarification letter reference No.SCN/319740327/24 dated 15.10.2024 and to quash the same as unwarranted and unlawful and further to direct the first respondent herein to re-issue the passport under file No.MD2076986376324 to the petitioner herein within the time frame fixed by this Court. For Petitioner : Mr.S.Selvakumar For R-1 : Mr.A.P.Rajasimman Central Government Standing Counsel For R-2 : Mr.K.Gnanasekaran Government Advocate (Crl. side) 1/6
ORDER
The prayer in the Writ Petition reads as follows:- "To issue a Writ of Certiorarified Mandamus, calling for the impugned clarification letter reference No.SCN/319740327/24 dated 15.10.2024 and to quash the same as unwarranted and unlawful and further to direct the first respondent herein to re-issue the passport under file No.MD2076986376324 to the petitioner."
2. The petitioner has an Indian Passport bearing No.M5864632 issued on 20.08.2016 having a validity of 10 years till 09.08.2026. While so, he lost his passport and other documents while travelling. Following which he had given a complaint to the second respondent and the missing certificate also came to be issued by the second respondent and his lost document report in LDR No.PP938202400190 dated 24.09.2024 came to be issued. Thereafter, enclosing the same, the petitioner approached the first respondent for reissuance of passport through an application in File No.MD2076986376324 on 24.09.2024. The first respondent issued a communication dated 15.10.2024 directing him to appear before the authority seeking explanation about the cases registered against him in Crime Nos.145 of 2019, 300 of 2019 and 305 of 2019 2/6
on the file of the 2nd respondent police. Hence, the petitioner filed this writ petition seeking for the aforesaid relief.
3. When the matter is taken up for hearing, the learned Government Advocate (Crl.) appearing for the respondent police on instructions would submit that criminal case in Crime No.145 of 2019 was culminated in laying charge sheet in C.C.No.254 of 2022 before the learned Judicial Magistrate, Senkottai.
4. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel for the 1st respondent, the learned Government Advocate appearing for the respondent police and carefully perused the entire materials available on record.
5. The petitioner is given liberty to move the learned Judicial Magistrate Court, Senkottai, for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned Trial Judge shall bear in mind that right to travel abroad is a fundamental right and the petitioner's career and avocation may be at stake, if he is denied the right to go abroad. Therefore, the 3/6
learned Trial Court, unless there are extraordinary circumstances, shall not deny such relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned Trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence in India. If necessary, the applicant can be directed to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat.
6. Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer, who shall dispose of the petition mentioned application in terms of the said order.
7. This Writ Petition is allowed on these terms. There shall be no order as to costs.
NCC : Yes / No 20.11.2024 Index :
Yes / No Internet :
Yes jbr 4/6
To
1. 1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Road, Reserve Line, Madurai.
2. The Inspector of Police, Puliyarai Police Station, Tenkasi District.
5/6
L.VICTORIA GOWRI, J.
jbr 20.11.2024 6/6