Srinivasan Rajamani v. The Regional Passport Officer

1 W.P.(MD)NO.28490 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.28490 of 2023 Srinivasan Rajamani ... Petitioner Vs.

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli.

2. The Inspector of Police, Sakkottai police station, Sivagangai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to re-issue passport to the petitioner based on his application dated 17.08.2023 in file no.TR2075704188123 on the file of 1st respondent. For Petitioner : Mr.C.Venkatesh For R-1 : Mr.M.Karthikeya Venkatachalapathy For R-2 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.28490 OF 2023

O R D E R

Heard both sides.

2.The petitioner seeks re-issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed.

3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner has since been charge sheeted and it has been taken on file in C.C.No. 878 of 2022 on the file of the Judicial Magistrate, Karaikudi. 4.The petitioner is given liberty to move the trial Court 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. The petitioner's career and avocation may be at stake if he is denied the right to go 2/4

3 W.P.(MD)NO.28490 OF 2023 abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence from India. If necessary, the applicant can be directed to file an application under Section 205 of Cr.P.C by executing a special vakalat. 5.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.

6.This writ petition is disposed of accordingly. No costs.

18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.28490 OF 2023 G.R.SWAMINATHAN,J.

PMU To:

1. The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillai Nagar 7th Cross, Tiruchirappalli.

2. The Inspector of Police, Sakkottai police station, Sivagangai District.

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