Siva Kumar Vs The Regional Passport officer

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue the fresh passport in the petitioner based on his application No.TR2067056127124, dated 24.10.2024, pending on the file of first respondent within a reasonable time.

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For Petitioner : Mr.A.Joel Paul Antony

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For R1 : Mr.R.Devarajan Central Government Standing Counsel

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

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W.P.(MD)No.10151 of 2025

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For R2

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: Mr.K.Gnanasekaran Government Advocate (Criminal side)

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ORDER

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With the consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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2 . Heard both sides.

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3 . The petitioner seeks issuance of fresh 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.

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4 . When the matter was taken up for hearing, the learned Government Advocate (Criminal side) appearing for the second respondent submitted that a case in Crime No.404 of 2024 for the offences under Sections 281 and 125(a) of the B.N.S., 2023, registered against the petitioner, is pending at the F.I.R. stage.

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

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W.P.(MD)No.10151 of 2025

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5 . It is well settled that when the case is pending only at the F.I.R. stage, there is no impediment for the Regional Passport Officer to grant the relief sought for by the petitioner herein.

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6 . 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 mobile number, e-mail I.D. 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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7 . Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional Police, the jurisdictional Regional

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

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W.P.(MD)No.10151 of 2025

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Passport Officer shall process the petition mentioned application and issue passport subject to fulfilment of the other usual formalities.

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8 . This Writ Petition is allowed on the above terms. There shall be no order

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as to costs.