The Hon'ble Madurai Bench allowed a petition seeking passport renewal for an individual facing a criminal case at the FIR stage, directing issuance subject to conditions regarding service of summons.
Issuance of passport upon filing of undertaking affidavit with jurisdictional police regarding contact details and to not stall prosecution.
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.11062 OF 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11062 of 2024
Kanakaraja
... Petitioner
Vs.
Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the renewal of the petitioner's passport in File No.TR1075823435323 dated 27.09.2023 and to issue the passport to the petitioner by considering the petitioner's representation dated 25.04.2024 within the stipulated time by this Court.
For Petitioner : Mr.S.T.Sasidharan Tamilkani For R-1 : Mr.V.B.Sundhareswar, Central Government Standing counsel. For R-2 : Mr.A.Albert James, Government Advocate. * * *
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2 W.P.(MD)NO.11062 OF 2024
O R D E R
Heard both sides.
2.The petitioner seeks renewal of his passport. He has
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.
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.
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.
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
3 W.P.(MD)NO.11062 OF 2024
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.
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 for renewal and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs.
12.06.2024
NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU
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4 W.P.(MD)NO.11062 OF 2024
G.R.SWAMINATHAN,J.
PMU
To:
W.P.(MD)No.11062 of 2024
12.06.2024
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1 issue framed by the court
Whether the Regional Passport Officer can issue a passport renewal order when the petitioner is under a criminal case pending at the FIR stage.
1 provisions across 1 enactments
Kanakaraja
The Regional Passport Officer, Regional Passport Office, Tiruchirappalli
The Inspector of Police, Vadakadu police station, Pudukkottai District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
