Petitioner filed a writ petition for issuance of passport re-issuance despite pending criminal case. Court held mere pendency of FIR is not grounds to deny passport and directed RESPondents to issue passport after completing usual formalities.
Writ petition allowed; directed Second Respondent to issue passport to petitioner after completing usual formalities.
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.
1 W.P.(MD)NO.120 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.120 of 2021
Karthick
... Petitioner
Vs.
Ministry of External Affairs, Bharathi Ula Veethi,
Race Course Road,
Madurai – 625 002.
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent's impugned communication No.FCI/310542075/20 dated 17.12.2020 and quash the same and consequently direct the second respondent to issue passport to the petitioner by considering his application No.MD1072715414119 dated 25.12.2019 and for other reliefs within a period stipulated by this Court.
For Petitioner : Mr.S.Atham Ali For R-1 & R-2 : Mr.Karunanathi, Central Government Standing Counsel. For R-3 : Mr.C.Ramar,
Additional Government Pleader.
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2 W.P.(MD)NO.120 OF 2021
O R D E R
Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for respondents 1 and 2 and the learned Additional Government Pleader appearing for the third respondent.
// True Copy //
/ /2021 Sub Assistant Registrar(CS )
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
https://hcservices.ecourts.gov.in/hcservices/ Madurai – 625 002.
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3 W.P.(MD)NO.120 OF 2021
W.P.(MD)No.120 of 2021
11.01.2021
pmu
AE/ (29/01/2021) 3P / 5C
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2 issues framed by the court
Whether mere pendency of an FIR in a criminal case can be a ground to deny the issuance of a passport.
Whether the petitioner is eligible for passport re-issuance despite a pending criminal case at the FIR stage.
1 provisions across 1 enactments
Karthick
Government of India, Ministry of External Affairs
Regional Passport Office
Inspector of Police, Keelavalavu police station
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
