Petitioner sought re-issue of passport despite being accused in six criminal cases, two resulting in acquittal and one in conviction. The court held no positive direction could be given at that stage and dismissed the writ petition, granting liberty to approach the Judicial Magistrate-II, Thanjavur for directions.
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W.P.(MD) No.13512 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.13512 of 2025
Prabaharan ... Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first Respondent to re-issue passport to the petitioner by considering the petitioner’s passport Application in File No. TR1076529151724 on the file of the first respondent by considering the representation, dated 17.04.2025 given by the petitioner.
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For petitioner : Mr. R. Maheswaran
W.P.(MD) No.13512 of 2025
For respondents : Mr.S.Poornachandran Central Government Standing Counsel for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 & R3 *****
ORDER
Heard the learned counsel for the petitioner, learned Central Government Standing Counsel for the first respondent and learned Government Advocate (Crl.Side) for the respondents 2 and 3.
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W.P.(MD) No.13512 of 2025
Magistrate-II, Thanjavur, for appropriate directions to facilitate the first respondent to re-issue the passport to the petitioner.
Index : Yes / No 11.06.2025 Internet : Yes / No apd
To 1. The Inspector of Police, Budalur Police Stattion, Thanjavur District.
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W.P.(MD) No.13512 of 2025
C.SARAVANAN, J.
apd
W.P.(MD) No.13512 of 2025
11.06.2025
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1 issue framed by the court
Whether a mandamus can issue for re-issue of the petitioner's passport when he is an accused in pending criminal proceedings.
2 provisions across 2 enactments
Prabaharan
The Regional Passport Officer, Regional Passport Office, Tiruchirappalli
The Inspector of Police, Budalur Police Station, Thanjavur District
The Inspector of Police, Tamil University Police Station, Thanjavur District
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
