Ahamed Sha v. The Regional Passport Officer

1 W.P.(MD)NO.28344 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28344 of 2023 Ahamed Sha ... Petitioner Vs.

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

2. The Inspector of Police, Vadipatty police station, Madurai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notice issued by the 1st respondent dated 12.01.2023 and to quash the same as illegal and consequently direct the 1st respondent to permit the petitioner go to abroad by using his passport No. U3611598.

For Petitioner : Mr.K.Sudalaiyandi For R-1 : Mr.P.Subbaiah For R-2 : Mr.A.Albert James, Government Advocate.

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O R D E R

Heard both sides.

2. The petitioner is holding Indian passport. He has been asked to surrender the passport in view of the implication of a criminal case.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that the petitioner is figuring as an accused in the case arising under Section 304 IPC.

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.

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 2/4

3 W.P.(MD)NO.28344 OF 2023 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. The petitioner shall comply with the aforesaid direction within a period of two weeks. Thereafter, the petitioner shall inform the first respondent that he has complied with the direction. Upon the first respondent being satisfied, the direction to surrender the passport shall be withdrawn. This writ petition stands allowed. No costs. 18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.28344 OF 2023 G.R.SWAMINATHAN,J.

PMU To:

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

2. The Inspector of Police, Vadipatty police station, Madurai District.

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