Mohammed Azarudeen Vs Union of India

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to issue Renewal of Passport based on the Petitioner's application in No.MD1067199736124, dated 19.11.2024.

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W.P.(MD)No.10019 of 2025

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For Petitioner : Mr.Jeremiah Gregory John

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For Respondents : Mr.K.Navaneetha Krishnan

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CGSC for R1 Mr.K.Gnanasekaran Government Advocate (Crl.Side) for R2 & R3

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O R D E R

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This writ petition has been filed for issuance of a writ of

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mandamus, directing the first respondent to renew and re-issue the passport to the petitioner in Application No.MD1067199736124, dated 19.11.2024, within the time stipulated by this Court.

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2.The petitioner has made an application in File No. MD1067199736124 , to renew his passport. However, upon receiving an adverse police verification report, the first respondent refused to issue the passport. Hence, this Writ Petition has been filed by the petitioner.

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The learned Government Advocate (Crl.) appearing for

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the second respondent, on instructions, submitted that out of three cases

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W.P.(MD)No.10019 of 2025

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registered against the petitioner, two cases have been culminated in laying charge sheet in C.C.Nos.40 of 2022 and 195 of 2021 before the learned Judicial Magistrate, Aranthangi, Pudukottai District.

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Heard the learned counsels on either side and carefully perused the entire materials available on record.

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The petitioner is given liberty to move the learned Judicial Magistrate, Aranthangi, Pudukottai District, for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned Trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake if he is denied the right to go abroad. Therefore, the learned Trial Court unless there are extraordinary circumstances shall not deny relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned Trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner-s absence from India. If necessary, the applicant can be directed to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by

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W.P.(MD)No.10019 of 2025

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executing a special vakalat.

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Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer who shall dispose of the petition~mentioned application in terms of the said order.

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