Pravinrajkumar v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Pravinrajkumar

...Petitioner

/Vs./

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

2. The State of Tamilnadu, Represented by The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to issue Passport based on the petitioner's Application No.MD2067053987524 based on the representation letter dated 29.11.2024.

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For Petitioner : Mr.S.Sathyachidambaram For Respondents : Mr.K.Gokul (R1) Central Government Standing Counsel Mr.K.Gnanasekaran (R2) Government Advocate

ORDER

This writ petition is filed seeking for a direction to the 1st respondent to issue Passport based on the petitioner's Application No.MD2067053987524 based on the representation letter dated 29.11.2024.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on either side and perused the materials placed before this Court.

4. Admittedly, a case has been registered against the petitioner by the second respondent police, in Crime No.82 of 2015, on the file of the 2/6

second respondent police, and on completion of investigation, a charge sheet has been filed before the learned Judicial Magistrate, Nanguneri, in CC No.20 of 2023, which is pending trial.

5. The learned counsel appearing for the petitioner seeks liberty of this Court to move the trial Court for the relief now sought for. He also relies upon an order of this Court dated 01.10.2024 passed in WP(MD)No.23000 of 2024, and submits that the said case squarely applies to the facts of the present case.

6. I have gone through the order of this Court dated 01.10.2024 passed in WP(MD)No.23000 of 2024, and I am of the view that the order squarely applies to the petitioner's case. Following the said order, the petitioner is given liberty to move the trial Court for the relief claimed herein.

7. In view of the above, the petitioner shall file a petition before the trial Court within a period of two weeks from the date of receipt of a copy of this order and thereafter, the learned Judicial Magistrate, 3/6

Nanguneri, shall pass orders on the petition filed by the petitioner within a period of three weeks thereafter. It is made clear that the period of validity of the passport will be restricted and it is also open to the learned Judicial Magistrate, Nanguneri, to stipulate appropriate conditions to ensure that the prosecution is not delayed on account of the petitioner's absence from India. The petitioner, if necessary, can also file an application under Section 205 of Cr.P.C by executing a special vakalat.

8. Based on the order passed by the 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.

9. In view of the above terms, this Writ Petition is disposed of. No costs.

13.12.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:

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

2. The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

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N.MALA, J.

Sm Order made in Dated:

13.12.2024 6/6