Alagarsamy v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Alagarsamy ... Petitioner Vs.
1.The Regional Passport Officer, Madurai Bharathi Ula Veethi, Race Course Road, Madurai.
2. The Inspector of Police, Peraiyur Police Station, Madurai District, Madurai.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to issue (reissue and renewal) of Passport to the petitioner based on his application No.MD1068286050715 dated 21.10.2024 in his old passport No.M6777610 within the time preferably before expiry of his Passport on 25.02.2025 that may be stipulated by this Court.
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For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.A.P.Rajasimman (R1) Central Government Standing Counsel Mr.K.Gnanasekaran (R2) Government Advocate
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the 1st respondent to issue (reissue and renewal) of Passport to the petitioner based on his application No.MD1068286050715 dated 21.10.2024 in his old passport No.M6777610 within the time preferably before expiry of his Passport on 25.02.2025 that may be stipulated by this Court."
3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.
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4. The petitioner applied for issuance of passport vide his application in MD1068286050715 on 21.10.2024. On receipt of the same, the first respondent issued a letter dated 05.11.2024 directing him to appear before the authority seeking explanation about the case registered against him in Crime No.46 of 2023 on the file of the 2nd respondent police. Hence, the petitioner filed this writ petition seeking for the aforesaid relief.
5. It is a settled proposition of law that a mere pendency of FIR cannot be a bar for consideration of claim for issuance of passport. This Court in the case of W.Jaihar William Vs State of Tamil Nadu reported in 2014 (2) CWC 684 has held that mere pendency of FIR cannot be construed as pendency of criminal proceedings, unless Judicial Magistrate takes cognizance of offence, on filing of charge sheet on completion of investigation against the accused. Right to travel abroad is a fundamental right.
6. In view of the same, the first respondent is hereby directed to consider the application of the petitioner to re-issue his passport without reference to the FIRs lodged against him, if he is otherwise eligible for the same. The first respondent shall comply with the said direction on merits and in accordance 3/6
with law within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs.
06.12.2024 NCC : Yes / No Index : Yes / No Sm 4/6
TO:- 1.The Regional Passport Officer, Madurai Bharathi Ula Veethi, Race Course Road, Madurai.
2. The Inspector of Police, Peraiyur Police Station, Madurai District, Madurai.
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L.VICTORIA GOWRI, J.
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