Allowed

Rabikhan v. The Regional Passport Officer

Madras HC10 Jul 2024WP(MD)/10516/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court issued a writ directing the Regional Passport Officer to reissue the petitioner's passport. The court held that a pending FIR does not bar issuance. The petitioner must file an affidavit with the police undertaking to ensure summons receipt via WhatsApp or email even if he is abroad, allowing the passport to be processed.

What did the court decide?

Re-issuance of passport directed subject to furnishing an affidavit of contact details and undertaking regarding summons service to the jurisdictional police.

Rabikhan Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2024)

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1 W.P.(MD)NO.10516 OF 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 10.07.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.10516 of 2024

Rabikhan

... Petitioner

Vs.

The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillainagar 7^th Cross, Tiruchirappalli – 620 018.

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The Inspector of Police, Sethubavachathiram police station, 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 first respondent to renew and re-issue the passport to the petitioner by considering the petitioner's application file No.TR1076388922324 dated 22.03.2024 within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.R.Karunanidhi For R-1 : Mr.Karthikeya Venkitachalapathy 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.10516 OF 2024

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O R D E R

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Heard both sides.

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2.The petitioner seeks re-issuance of passport. He has

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submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, 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 (Crl. Side) submitted that the criminal case registered against the petitioner is pending at the FIR stage.

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4.It is well settled that when the case is pending only at the FIR stage, 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 2/4

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

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3 W.P.(MD)NO.10516 OF 2024

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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 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 petitionmentioned application and re-issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs.

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10.07.2024

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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.10516 OF 2024

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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, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillainagar 7^th Cross, Tiruchirappalli – 620 018.

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

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W.P.(MD)No.10516 of 2024

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10.07.2024

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

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Rabikhan v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Rabikhan v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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