Allowed

Anbucheliyan Sadasivam v. The Regional Passport Officer

Madras HC21 Feb 2023WP(MD)/1230/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226 seeking a passport despite a pending criminal case, the Madras High Court held that a case pending at the FIR stage is not an impediment. The Court directed the petitioner to file an affidavit with contact details and give an undertaking not to stall proceedings. Upon compliance, the passport should be issued.

What did the court decide?

Writ petition allowed; the petitioner must file an affidavit with contact details and give an undertaking within four weeks; upon verification, the passport shall be issued.

Anbucheliyan Sadasivam Vs The Regional… — Constitutional and Fundamental Rights | Madras HC (2023)

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1 W.P.(MD)No.1230 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 21.02.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.1230 of 2023

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Anbucheliyan Sadasivam

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... Petitioner

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Vs.

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1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar, Trichy - 620 008.

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2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District. ... Respondents

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PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue passport to the petitioner on the basis of the petitioner's application dated 17.08.2022 pending in File No.TR1074498669922 before the first respondent by accepting the petitioner's explanation within a time frame.

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For Petitioner : Mr.G.Suresh Kannan For R1 : Mr.P.Subbiah Senior Panel Counsel For R2 : Mr.B.Thanga Aravindh Government Advocate

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https://www.mhc.tn.gov.in/judis

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2 W.P.(MD)No.1230 of 2023

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O R D E R

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Heard the learned counsel on either side.

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2.The petitioner applied for issuance of passport. While

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processing the same, the first respondent came to know that a criminal case was registered against the petitioner. Hence the impugned notice dated 30.08.2022 came to be issued. Apprehending that he may not be issued with passport, the present writ petition came to be filed.

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3.When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the second respondent clarifies that the case registered against the petitioner is pending only at the FIR stage. Since the case is pending only at the FIR stage, there is no impediment for the first respondent to grant the relief sought for in the writ petition.

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However, the petitioner has to appear before the second

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respondent and file an affidavit indicating his contact details. The petitioner has to furnish his mobile phone details as well as email details. This is because if any final report is filed adverse to the petitioner and the

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https://www.mhc.tn.gov.in/judis

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3 W.P.(MD)No.1230 of 2023

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same is taken on file by the jurisdictional Magistrate, it could be possible to serve summons on the petitioner. The petitioner also must give an undertaking that the prosecution initiated against him will not be stalled, on account of his absence in India. If necessary, the petitioner will have to execute Special Vakalath in future so that he can be represented in the proceedings.

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The petitioner shall file such an affidavit before the second respondent within a period of four weeks from the date of receipt of a copy of this order. After the petitioner satisfies the first respondent that he has complied with the undertaking mentioned above, the first respondent shall process the petition mentioned application and issue passport subject to fulfilment of the other usual formalities.

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6.This writ petition stands allowed. There shall be no order as

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to costs.

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21.02.2023

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NCC : Yes / No Index : Yes / No Internet : Yes/ No

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pnn

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4 W.P.(MD)No.1230 of 2023

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G.R.SWAMINATHAN, J.

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pnn

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1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, Thillainagar, Trichy - 620 008.

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2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

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W.P.(MD)No.1230 of 2023

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21.02.2023

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https://www.mhc.tn.gov.in/judis

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Anbucheliyan Sadasivam v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Anbucheliyan Sadasivam v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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