Madras High CourtWP(MD)/29545/2023disposed of

Manimaran v. The Regional Passport Officer

2023-12-18Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.29545 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.29545 of 2023 Manimaran ... Petitioner Vs.

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

2. The Inspector of Police, Budalur police station, Thanjavur 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 issue fresh passport to the petitioner by considering the petitioner's application taken on file as File No.TR1064892872322 within the time that may be stipulated by this Court.

For Petitioner : Mr.D.S.Haroon Rasheed For R-1 : Mr.P.Subbaiah For R-2 : Mr.A.Albert James, Government Advocate.

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2 W.P.(MD)NO.29545 OF 2023

O R D E R

Heard both sides.

2.The petitioner seeks 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 is pending at the FIR stage.

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.29545 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 learned Central Government Standing counsel submitted that the application already submitted by the petitioner has been closed. The petitioner is directed to submit a fresh application before the first respondent. 7.Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional police, the jurisdictional Regional Passport Officer shall process the petitioner's application and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. 18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.29545 OF 2023 G.R.SWAMINATHAN,J.

PMU To:

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

2. The Inspector of Police, Budalur police station, Thanjavur District.

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