Allowed

Jayarani. M v. The Regional Passport Officer

Madras HC6 Apr 2023WP(MD)/6532/2023

Case brief

AI extract

What is this about?

The Court held that the mere presence of an FIR against the petitioner does not bar passport renewal as the presumption of innocence applies until conviction. The Passport Officer was directed to issue notice for an undertaking and renew the passport within ten working days.

What did the court decide?

Petitioner entitled to passport renewal; notice to be sent for undertaking within 5 days; renewal to be completed within 10 working days.

Jayarani. M Vs The Regional Passport Officer — Pension and Retirement Benefits | Madras HC (2023)

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W.P(MD)No.6532 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.04.2023

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CORAM

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

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W.P(MD).No.6532 of 2023

M.Jayarani

... Petitioner

The Regional Passport Officer, Tiruchirapalli Municipal Water Tank Building, W.B.Road, Tiruchirapalli- 620008.

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The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to renew the petitioner's passport No.L3670509, as per the Application No. 23-1003283439, dated 14.03.2023 within a time stipulated by this Court.

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For Petitioner : Mr.N.Balakrishnan

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For R1 : Mr.C.Nanda Gopal Standing Counsel For R2 : Mr.J.Ashok Additional Government Pleader

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

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W.P(MD)No.6532 of 2023

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O R D E R

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The Writ Petition has been filed in the nature of Mandamus, seeking a direction against the first respondent/Regional Passport Officer, Tiruchirapalli to renew the passport of the petitioner bearing No.L3670509, consequent to Application No.23-1003283439, dated 14.03.2023, given by the petitioner herein.

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2.The petitioner was a holder of passport No.L3670509. It had

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been issued by the first respondent. It is going to expire on 15.08.2023. The petitioner had filed an application seeking renewal in Application No. 23-1003283439, on 14.03.2023. It was informed that an FIR in Crime No. 371 of 2022 had been registered by the second respondent, under Sections 147, 148, 342, 294(b), 323, 324, 506(2) IPC and Section 4 of TNPHWA of 2002. It had been further stated that after investigation, the second respondent had filed a final report before the Judicial Magistrate, Keeranaur but the same has not been taken cognizance by the learned Judicial Magistrate.

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

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W.P(MD)No.6532 of 2023

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3.Heard, Mr.N.Balakrishnan, learned counsel appearing for the petitioner, Mr.C.Nanda Gopal, learned Standing Counsel appearing for the first respondent and Mr.J.Ashok, learned Additional Government Pleader appearing for the second respondent.

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4.The presumption of innocence runs through the criminal jurisdiction of this Court. It is trite law to point out that merely stating the name of a person in FIR, would not amount that the said individual is a convicted accused. The FIR is registered based on the information. Thereafter, the Investigating Officer will have to examine the allegations and if satisfied, should file a final report. The final report will have to be taken cognizance by the learned Judicial Magistrate. Thereafter, the trial process will have to commence and proceed. Till that time, the presumption of innocence runs. It is not a bar for renewal of passport, merely considering the name of the petitioner in FIR.

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5.A direction is given to the first respondent to issue notice to the

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petitioner, within a period of five working days, from the date of receipt of a copy of this order and get necessary undertaking from the petitioner that she

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

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W.P(MD)No.6532 of 2023

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would co-operate with the course of trial, would not abscond and would obtain necessary permission from the concerned Court to go abroad. However, it cannot be a reason not to renew the passport. The petitioner is entitled for renewal of passport. The said exercise should be completed within a period of ten working days, from the date of issuance of notice and appearance of the petitioner.

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6.With the above directions, this Writ Petition stands disposed of.

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No costs.

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06.04.2023

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NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM

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Note: Issue order copy on 11.04.2023

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The Regional Passport Officer, Tiruchirapalli Municipal Water Tank Building, W.B.Road, Tiruchirapalli- 620008.

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The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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

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W.P(MD)No.6532 of 2023

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C.V.KARTHIKEYAN, J.

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PNM

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ORDER IN W.P(MD).No.6532 of 2023

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06.04.2023

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

Jayarani. M v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Jayarani. M v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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