Petitioner sought passport issuance despite ongoing criminal case. Court directed R1 to process passport if R2 confirms no summons can be served and petitioner undertakes not to stall prosecution.
Petitioner to file affidavit and undertaking within two weeks; Passport to be issued upon compliance.
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.628 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.628 of 2023
J.Jagades Chandran
... Petitioner
Vs.
PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider my application No.TR2064611099122 dated 21.09.2022 and to issue passport to me based on the representation dated 21.11.2022.
For Petitioner : Mr.N.Anandakumar For R1 : Mr.Ragaventhree Central Government Senior Counsel For R2 : Mr.B.Thanga Aravindh Government Advocate
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2 W.P.(MD)No.628 of 2023
O R D E R
Heard the learned counsel on either side.
2.The petitioner seeks issuance of passport. Since he is
involved in a criminal case, the petitioner apprehends that his application may not be processed. Hence this writ petition came to be filed.
3.When the matter was taken up for hearing, the learned Government Advocate appearing for the second respondent submitted that Crime No.108/2022 has culminated into final report which has been filed before the Judicial Magistrate, Thuraiyur. However, it has not been taken on file as on date.
the same is taken on file by the jurisdictional Magistrate, it could be possible to serve summons on the petitioner. The petitioner also must
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3 W.P.(MD)No.628 of 2023
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.
6.This writ petition stands allowed. No costs.
21.02.2023
NCC : Yes / No Index : Yes / No Internet : Yes/ No
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G.R.SWAMINATHAN,J.
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To
W.P.(MD)No.628 of 2023
21.02.2023
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1 issue framed by the court
Whether the Regional Passport Officer can issue a passport to a person involved in a criminal case where the final report is not yet taken on file by the Magistrate.
1 provisions across 1 enactments
J.Jagades Chandran
Regional Passport Officer
Inspector of Police
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
