W.P(MD)No.10677 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.10677 of 2024
Anjanenjan ... Petitioner
Vs.
1.The Regional Passport Officer,
Regional Passport Office,
Plot No.A5, Salai Road and Shastri Road Junction,
Thillai Nagar,
Trichy.
2.The Inspector of Police,
Thuraiyur Police Station,
Trichy District.
3.The Inspector of Police,
Kollidam Police Station,
Trichy District.
4.The Inspector of Police,
Musiri Police Station,
Trichy District.
5.The Inspector of Police,
Uppiliyapuram Police Station,
Trichy District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to
issue the passport to the petitioner considering the application in File No.
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W.P(MD)No.10677 of 2024
TR2076365162124 dated 15.03.2024 within the time stipulated by this Court.
For Petitioner : Mr.S.Poornachandran
For Respondents : Mr.A.P.Rajasimman
CGSC for R1
: Mr.A.Albert James
Government Advocate (Crl.side) for R2 to R5
ORDER
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.
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W.P(MD)No.10677 of 2024
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 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.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 petition-mentioned application and
issue passport subject to fulfilment of the other usual formalities. This writ
petition is allowed on these terms. No costs.
30.04.2024
Index : Yes / No
Internet : Yes/ No
rmi
NOTE:Issue Order Copy on 30.04.2024
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W.P(MD)No.10677 of 2024
G.R.SWAMINATHAN, J.
rmi
To
1.The Inspector of Police,
Thuraiyur Police Station,
Trichy District.
2.The Inspector of Police,
Kollidam Police Station,
Trichy District.
3.The Inspector of Police,
Musiri Police Station,
Trichy District.
4.The Inspector of Police,
Uppiliyapuram Police Station,
Trichy District.
W.P(MD)No.10677 of 2024
30.04.2024
https://www.mhc.tn.gov.in/judis
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