Petitioner sought renewal of passport while facing a criminal case under Sections 279 and 337 IPC. The High Court declined to decide the application itself and directed him to move the trial Court, which must ordinarily grant relief subject to conditions restricting passport validity and ensuring trial attendance.
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W.P.(MD)No.12541 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.12541 of 2025
R.Jeeva ... Petitioner
-vs-
1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Street, Race Course Road, Madurai - 625002.
2.The Inspector of Police, Kundrakudi Police Station, Kundrakudi, Sivagangai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned letter in Ref No.SCN/321242361/25 dated 06.03.2025 passed by the first respondent and quash the same and consequently, direct the first respondent to allow petitioner's application and renewal of petitioner's Passport No.M0780996.
For Petitioner : Mr.P.Venkatesan
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W.P.(MD)No.12541 of 2025
For R1 : Mr.R.Saravanakumar Central Government Standing Counsel For R2 : Mr.K.Gnanasekaran Government Advocate (Criminal side)
ORDER
Heard both sides.
2 . The petitioner seeks to set aside the impugned letter of the first respondent, dated 06.03.2025 and to issue 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 (Criminal Side) appearing for the second respondent submitted that a criminal case has been registered against the petitioner in Crime No.252 of 2022 for the offences under Sections 279 and 337 of I.P.C., on the file of the second respondent and the same has culminated in laying a charge sheet in C.C.No.1480 of 2022 before the Judicial Magistrate Court, Karaikudi, Sivagangai District.
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4
W.P.(MD)No.12541 of 2025
4 . In view of the above said submissions, the petitioner is given liberty to move the trial Court 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 trial Court unless there are extraordinary circumstances shall not deny the 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 the Bharatiya Nagarik Suraksha Sanhita, 2023, by executing a special Vakalat.
5 . Based on the order passed by the trial Court, the petitioner shall move the jurisdictional regional passport officer, who shall dispose of the petitionmentioned application in terms of the said order.
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W.P.(MD)No.12541 of 2025
6 . This Writ Petition is disposed of accordingly. There shall be no order as
to costs.
NCC : Yes / No 29.04.2025 Index : Yes / No smn2
To:-
1.The Regional Passport Officer, Regional Passport Office, Madurai Bharathi Ula Street, Race Course Road, Madurai - 625002.
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W.P.(MD)No.12541 of 2025
VIVEK KUMAR SINGH, J.
smn2
W.P.(MD)No.12541 of 2025
29.04.2025
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2 issues framed by the court
Whether a passport applicant facing a pending criminal case can seek issuance/renewal of his passport from the trial Court instead of the High Court.
Whether the impugned letter declining the petitioner's passport application should be quashed.
3 provisions across 3 enactments
R.Jeeva
The Regional Passport Officer, Regional Passport Office, Madurai
The Inspector of Police, Kundrakudi Police Station, Sivagangai District
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
