S.Shahul v. the State Rep by
Case brief
What is this about?
Court exempted petitioner from Section 6(2)(f) of Passports Act and directed the Regional Passport Officer to re-issue passport within three weeks relying on 1993 MEA notification.
What did the court decide?
Petitioner exempted from Section 6(2)(f) of Passports Act; directed Regional Passport Officer to re-issue passport within three weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH
Crl.O.P.No.22782 of 2019
S.Shahul ...Petitioner
Vs. 1.The State rep. by The Inspector of Police, H-6 R.K.Nagar Police Station, Chennai 600 021.
2.The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, Rayala Towers No.2 and 3, 4th Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002. ...Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to grant permission to the petitioner to travel abroad and exempt the petitioner from the purview of Section 6(2)(f) of the Passports Act to enable the second respondent to re-issue the passport to the petitioner vide application No.MA51C5009509919 dated 07.02.2019 in the light of the judgment of this Court in N.Chandrababu Vs. the Inspector of Police, Palakkarai Police Station, Trichy reported in 2017(3) CTC 493 within a time frame fixed by this Court.
For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.C.Iyyapparaj for R1 Additional Public Prosecutor Mr.T.V.Krishnamachari (SPC) for R2 O R D E R
Issues for consideration
2 issues framed by the court
Whether the petitioner can be exempted from Section 6(2)(f) of the Passports Act to obtain a passport while a criminal case is pending.
Whether the Ministry of External Affairs notification dated 25.08.1993 enables the re-issuance of a passport for one year despite pending criminal proceedings.
Parties & counsel
- petitioner
S.Shahul
- respondent
The State rep. by The Inspector of Police, H-6 R.K.Nagar Police Station, Chennai 600 021
- respondent
The Regional Passport Officer, Regional Passport Office, Ministry of External Affairs, Rayala Towers No.2 and 3, 4th Floor, Old No.785, New No.158, Anna Salai,
Coram
Case details
As recorded by the court registry
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