Allowed

Roshandurai v. The Regional Passport Officer

Madras HC12 Dec 2023WP(MD)/25120/2023

Case brief

AI extract

What is this about?

Petitioner sought mandatory writ order for passport re-issuance despite a pending juvenile murder case where final report wasn't filed. Court granted passport with three-year validity subject to undertaking for service via email/WhatsApp.

What did the court decide?

Passport re-issued with three-year validity; petitioner to file affidavit with contact details and undertake service via email/WhatsApp if summons issued.

Roshandurai Vs The Regional Passport Officer — Service and Employment | Madras HC (2023)

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1 W.P.(MD)NO.25120 OF 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.12.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.25120 of 2023

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Roshandurai ... Petitioner

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Vs.

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The Regional Passport Officer, O/o.the Regional Passport Office, Trichy Municipal Water Tank Building, W.B.Road, Trichy.

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The Inspector of Police, Madukkur police station, Thanjavur, Thanjavur District. ... Respondents

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Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to renew/ reissue the petitioner's passport on the basis of the petitioner's application dated 12.11.2021 within the time stipulated by this Court.

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For Petitioner : Mr.B.Jameelarasu For R-1 : Mr.S.Paramasivam For R-2 : Mr.A.Albert James, Government Advocate. * * *

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

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2 W.P.(MD)NO.25120 OF 2023

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O R D E R

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Heard both sides.

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The petitioner applied for re-issuance of passport. It was pending because the police clearance certificate was not issued. Hence, the present writ petition came to be filed.

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When the matter was taken up for hearing, the learned Government Advocate submitted that the petitioner is involved in a murder case. But then the offence was committed, when the petitioner was juvenile. Final report was filed before juvenile Court and it is yet to be taken on file.

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Such cases are not considered as the proceedings are said to be pending before the Court concerned. Therefore, there is no impediment for the Regional Passport Officer to grant relief.

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5.The petitioner has to appear before the jurisdictional police and file an affidavit indicating his contact details. The petitioner apart from furnishing his residential address must also give his WhatsApp mobile number, e-mail ID. This is because, if any adverse final report is filed and the same is also taken on file by the jurisdictional criminal court, it should be possible to serve summons on the petitioner with 2/4

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

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3 W.P.(MD)NO.25120 OF 2023

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the available details. The petitioner shall give an undertaking that the prosecution initiated against him will not be stalled on account of his absence from India. He should undertake that summons can be served on him through E-mail/WhatsApp. If necessary, the petitioner will have to execute a special vakalat in future so that he can be represented by his counsel in the proceedings in terms of Section 205 of Cr.P.C.

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6.Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional police, the jurisdictional Regional Passport Officer shall process the petition-mentioned application and re-issue passport subject to fulfilment of the other usual formalities. In any event, the first respondent shall re-issue the passport to the petitioner by restricting the validity period of three years. This writ petition is allowed on these terms. No costs.

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12.12.2023

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

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

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4 W.P.(MD)NO.25120 OF 2023

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G.R.SWAMINATHAN,J.

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PMU

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To:

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The Regional Passport Officer, O/o.the Regional Passport Office, Trichy Municipal Water Tank Building, W.B.Road, Trichy.

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The Inspector of Police, Madukkur police station, Thanjavur, Thanjavur District.

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W.P.(MD)No.25120 of 2023

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12.12.2023

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

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Roshandurai v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Roshandurai v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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