Passport application was withheld due to a pending FIR in Crime No.121 of 2018 with no charge sheet filed. The court, relying on Supreme Court and Madras High Court precedents, held such withholding is erroneous and directed the Regional Passport Officer to consider the application and pass orders within four weeks.
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.
W.P.No.3474 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P.No.3474 of 2024
Pradeep
... Petitioner
Vs
.... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to issue passport to the petitioner, by considering his Application No.TR5064844666922 dated 07.12.2022.
For Petitioner : Mr.M.Vijaya Ragavan
For Respondents: Mr.K.Gunasekar for R1
Senior Panel Counsel Central Government Mr.R.Kishore Kumar for R2 Government Advocate(Crl.Side)
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O R D E R
Mr.K.Gunasekar, learned Senior Panel Counsel Central Government takes notice for R1/the Regional Passport Officer, Tiruchirappalli and Mr.R.Kishore Kumar, learned Government Advocate takes notice for R2/Inspector of Police, Maruvathur Police Station, Perambalur District.
disposal at the admission stage itself.
W.P.No.3474 of 2024
appearing for the respondents and perused the materials available on record.
pending but no charge sheet has been filed till date. Be that as it may, the settled position of law is that no application for issuance of passport/re-issue of passport be withheld/rejected merely on the ground of pendency of a criminal case and the same has been upheld by the judgment of the Hon'ble Supreme
W.P.No.3474 of 2024
Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation (Criminal Appeal No.1342 of 2017 dated 27.09.2021) and orders passed by the
First Bench of this Court in Regional Passport Officer v. Samsudeen Mohamed Salih and another (W.A.No.902 of 2023 dated 02.06.2023) and of the writ court in Suresh V. Regional Passport Officer (W.P.No.30019 of 2023 order dated 17.11.2023) and Nedumaran Palaniappan V. Regional Passport Officer (W.P.No.28448 of 2023 order dated 24.11.2023).
15.02.2024
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W.P.No.3474 of 2024
Index : Yes / No
Speaking order/Non-speaking order Neutral citations:Yes/No
msv
To
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W.P.No.3474 of 2024
J.NISHA BANU, J.
msv
W.P.No.3474 of 2024
15.02.2024
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1 issue framed by the court
Whether the passport authority can withhold processing a passport application merely because an FIR with no charge sheet is pending against the applicant?
Colour shows how this judgement treated each authority
Vangala Kasturi Rangacharyulu v. Central Bureau of InvestigationRelied on¶8
Criminal Appeal No.1342 of 2017 dated 27.09.2021
Regional Passport Officer v. Samsudeen Mohamed Salih and anotherRelied on¶8
W.A.No.902 of 2023 dated 02.06.2023
Suresh V. Regional Passport OfficerRelied on¶8
W.P.No.30019 of 2023 order dated 17.11.2023
Nedumaran Palaniappan V. Regional Passport OfficerRelied on¶8
W.P.No.28448 of 2023 order dated 24.11.2023
3 provisions across 3 enactments
Pradeep
The Regional Passport Officer, Tiruchirappalli
The Inspector of Police, Maruvathur Police Station
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
