S.Nagarajan Vs the Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

S.Nagarajan Vs the Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direct mandamus not granted; writ petition disposed of with directions: petitioner to apply to the concerned criminal court for permission to travel abroad, the court to pass final orders within four weeks of receipt of the application, and upon grant of permission the petitioner may obtain necessary travel documents from the first respondent. No order as to costs.

Issue for consideration

Whether the first respondent (Regional Passport Officer) should be directed to permit the petitioner, against whom a criminal case is pending, to travel to Rome in Italy for his religious visit.

Court's answer

In view of the admitted position that a criminal case is pending against the petitioner before a criminal court, it is for the petitioner to file an appropriate application before the concerned court seeking permission to visit a foreign country.

Ratio / Principle

If such an application is filed by the petitioner, the concerned Court shall consider it and pass final orders within a period of four weeks from the date of receipt of the application.

Key takeaways

If permission to visit a foreign country is granted by the concerned court, it is open to the petitioner to produce the certified copy of that order before the first respondent and obtain the necessary travel document.ratio¶28

Detailed headnote1 paragraphs

Writ Petition - Passport - Foreign travel during pendency of criminal case - Petitioner, whose passport (applied on-line on 22.10.2019, application No. MA 13072528069719) had been issued, received a notice from the Regional Passport Officer calling for explanation regarding pendency of a criminal case against him; he sought a Writ of Mandamus under Article 226 of Constitution of India directing the first respondent to permit him to travel to Rome in Italy for a religious visit - Criminal case originally C.C.No.155 of 2020 (Judicial Magistrate Court No.1, Chengalpet), transferred and renumbered as C.C.No.168 of 2022 (District Munsif cum Judicial Magistrate, Tiruporur); petitioner charged under Section 294(b), 353 and 506(i) IPC - Held: where a criminal case is admittedly pending, the petitioner must file an appropriate application before the concerned court seeking permission to visit a foreign country; the concerned Court shall consider such application and pass final orders within four weeks from the date of receipt; if permission is granted, the petitioner may produce the certified copy of the order before the first respondent and obtain the necessary travel document - Writ petition disposed of with the above direction; no order as to costs.

W.P.No.513 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

W.P.No.513 of 2025

S.Nagarajan

...Petitioner

Vs

The Regional Passport Officer, No.2 And 3, Iv Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

The State Rep. By The Inspector Of Police, Kelampakkam Police Station, Kancheepuram District. ...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus directing the first respondent to permit the petitioner to travel Rome in Italy for his religious visit.

For Petitioner : Mr.L.Ramu

For Respondents : Mr. K.Gangadaran, Central Govt. Counsel for first respondent

Mr.L.Baskaran, Govt.Advocate (Crl.Side) for second respondent

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W.P.No.513 of 2025

ORDER

This writ petition is filed seeking a direction to the first

respondent to permit the petitioner to travel Rome in Italy.

According to the petitioner, he applied for issuance of Passport through on-line in MA 13072528069719 on 22.10.2019. The application of the petitioner was processed and passport was issued to him. Thereafter, the first respondent issued a notice calling for explanation from the petitioner regarding the pendency of the criminal case against him. Hence, he has come before this Court with the above said prayer.

It is not disputed that a criminal case was pending against the petitioner in C.C.No.155 of 2020 on the file of Judicial Magistrate Court No.1, Chengalpet, which is now transferred to the file of District Munsif cum Judicial Magistrate, Tiruporur and renumbered as C.C.No.168 of 2022. The petitioner is charged for the offences under Section 294(b), 353 and 506(i) IPC.

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W.P.No.513 of 2025

In view of the admitted position that a criminal case is pending

against the petitioner before a criminal court, it is for the petitioner to file an appropriate application before the concerned court, seeking permission to visit foreign country. If any such application is filed by the petitioner, the same shall be considered by the concerned Court and final orders shall be passed, within a period of four weeks from the date of receipt of application.

If permission is granted to the petitioner to visit foreign

country by the concerned court, it is open to the petitioner to produce the certified copy of the order before the first respondent and obtain necessary travel document.

With the above direction, this writ petition is disposed of .

There shall be no order as to costs.

09.01.2025

Index:Yes/No Internet:Yes/No mst

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W.P.No.513 of 2025

To

The Regional Passport Officer, No.2 And 3, Iv Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

The Inspector Of Police, Kelampakkam Police Station, Kancheepuram District.

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W.P.No.513 of 2025

S.SOUNTHAR, J.

mst

W.P.No.513 of 2025

09.01.2025

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