Writ petition challenging passport impoundment order relying on pending FIR. Court held mere FIR pendency is not criminal court proceedings under Passport Act. Quashed impoundment order and show cause notice.
Impugned order impounding passport and show cause notice quashed. Direction to remove endorsements within one week.
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.
W.P(MD)No.20888 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P(MD)No.20888 of 2019
Pandi
... Petitioner
/vs./
1.The Government of India, Ministry of External Affairs, Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002.
2.The Inspector of Police, Thondi Police Station, Ramanathapuram District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records, relating to the impugned order passed by the 1st respondent vide his proceedings in Letter Ref.No.IMP/308979943/19 dated 05.08.2019 and to quash the same as illegal and consequently to direct the 1st respondent to permit the petitioner to go to abroad forthwith for his job.
For Petitioner : Mr.M.S.Jeyakarthick For R-1 : Mr.V.Kathivelu Assistant Solicitor General of India instructed by Mr.K.Prabhu For R-2 : Mr.Aayiram K.Selvakumar Additional Government Pleader
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W.P(MD)No.20888 of 2019
ORDER
Mr.M.S.Jeyakarthick, learned counsel on record for writ petitioner, Mr.V.Kathirvelu, learned Senior Counsel and learned Assistant Solicitor General of India instructed by Mr.K.Prabhu (learned Standing counsel) on behalf of first respondent and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader on behalf of second respondent are before this Court.
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disagreement before this Court that the said FIR is pending until today, but, no charge sheet has been filed.
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W.P(MD)No.20888 of 2019
committed by the applicant before the Criminal Court. There is no disputation that such a principle has been laid down by Hon'ble Division Bench also.
' 10(3)(b) if the passport or travel document
was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;
Provided that if the holder of such passport obtains another passport, the passport authority shall also impound or cause to be impounded or revoke such other passport.
10(3)(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a Criminal Court in India.'
(underlining made by this Court to highlight and supply emphasis).
(a) impugned order made by the first respondent being order dated 05.08.2019 bearing Letter Reference No.IMP/308979943/19 impounding https://hcservices.ecourts.gov.in/hcservices/
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the writ petitioner's passport is quashed.
(b) Show cause notice dated 05.08.2019 bearing Letter Reference No.SCN/308979917/19 issued by the first respondent to the writ petitioner pertaining to suppression qua Section 10(3)(e) of the Passport Act is also quashed. (c) With regard to the petitioner going abroad, it is open to the writ petitioner to apply for VISA depending on the country he intends to travel to and VISA application will be processed in accordance with law without being impeded but, aided by this order.
(d) Consequent upon the impugned order and the show cause notice being quashed, the first respondent and the jurisdictional passport office under the first respondent is directed to carry out all consequential ministerial acts like removal of endorsements etc., on presentation of the passport along with a copy of this order by the writ petitioner within a week from the date of such presentation.
Sd/-
Assistant Registrar / True Copy /
Sub Assistant Registrar(CS- )
To
1.The Government of India,
Ministry of External Affairs,
Regional Passport Office, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002.
2.The Inspector of Police, Thondi Police Station, Ramanathapuram District.
+1 CC to M/s.M.S.JEYAKARTHIK,Advocate(SR-94504[F] dated 25/10/2019 ) +1 CC to M/s.SPL GP ( SR-94617[F] dated 25/10/2019)
Order made in W.P(MD)No.20888 of 2019 (2/2) Dated:24.10.2019
sm
https://hcservices.ecourts.gov.in/hcservices/ ES/18.11.2019/7P/5C
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3 issues framed by the court
Whether mere pendency of an FIR without a charge sheet constitutes 'proceedings pending before a Criminal Court' under Section 10(3)(e) of the Passport Act, 1967.
Whether the petitioner's reply to the PCC application suppressing information regarding the pending FIR was incorrect.
Whether the impugned order impounding the passport and the show cause notice are liable to be quashed.
Colour shows how this judgement treated each authority
W. Jaihar William and Others vs. State of TamilNaduExplained¶43
(2014) 8 MLJ 61 in the case of W. Jaihar William and Others vs. State of TamilNadu
2 provisions across 1 enactments
Pandi
The Government of India, Ministry of External Affairs, Regional Passport Office, Madurai
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Sundar
Parties & counsel
