Petitioner sought writ of Mandamus to release impounded passport. Court held pendency of criminal case under Section 107 Cr.P.C. is not a bar to passport release. Respondent alone had conceded. Petitioner allowed.
Release of petitioner's passport bearing No. J5654553 within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.2314 of 2015
A.Jebakumar
.. Petitioner
vs.
The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002.
... Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus to direct the respondent to release the petitioner's passport bearing No.J5654553 forthwith.
For Petitioner : Mr.N.Dlipkumar For Respondent : Mr.G.R.Swaminathan Assit. Solicitor General
O R D E R
This writ petition is filed seeking for a Mandamus directing the respondent to release the petitioner's passport bearing No.J5654553.
2.The grievance of the petitioner is that his passport was impounded on the reason that a criminal case filed under Section 107 Cr.P.C was pending against the petitioner.
3.According to the petitioner, pendency of such criminal case is not a bar for holding the passport.
4.Mr.G.R.Swaminathan, learned Assistant Solicitor General appearing for the respondent fairly conceded to the above-said submissions made by the learned counsel for the petitioner and further stated that the petitioner's passport cannot be retained by the respondent simply because a proceedings under Section 107 Cr.P.C., is pending. In effect, the learned Assistant Solicitor https://hcservices.ecourts.gov.in/hcservices/ General has no objection for allowing the writ petition.
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5.Considering the above-stated facts and circumstances and the submissions made by the learned counsel appearing for either side, this writ petition is allowed and the respondent is directed to release the petitioner's passport bearing No.J5654553, within a period of two weeks from the date of receipt of a copy of this order, if there is no other impediment for releasing such passport. No costs.
Sd/-
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar
To,
The Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002.
+1cc to Mr.N.Dilip Kumar,Advocate Sr.No.895
W.P(MD)No.2314 of 2015 04.01.2017
skn
um/ss2-ksm/25.01.2017/2p/3c
2 issues framed by the court
Whether the pendency of a proceeding under Section 107 Cr.P.C. is a valid ground to impound a passport.
Whether Article 226 of the Constitution can be invoked to direct the release of an impounded passport.
2 provisions across 2 enactments
A. Jacob Kumar
The Passport Officer, Regional Passport Office, Madurai
K. Ravichandra Baabu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
