D.Prabin v. The Regional Passport Officer

Madras HC11 Jun 2025WP(MD)/15691/2025

Case brief

AI extract

What is this about?

passport reissue refused; writ of mandamus; Article 226; accused in pending criminal case; Crime No.233 of 2019; C.C.No.442 of 2022; Judicial Magistrate-II Padmanabhapuram; Thiruvattar Police Station; Regional Passport Officer Madurai; IPC Sections 147, 148, 427, 447, 506(2); employment abroad UAE M/s.Capital Energy; no positive direction; approach Magistrate Court; travel abroad barred without first respondent's permission; petition disposed; no costs; W.M.P(MD)No.11929 of 2025 closed

What did the court decide?

Since the petitioner is an accused in Crime No.233 of 2019 and cognizance has been taken by the Judicial Magistrate-II, Padmanabhapuram in C.C.No.442 of 2022, the question of granting any relief at this stage by this Court does not arise and no positive direction can be issued. ¶¶20

D.Prabin Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the respondents should reissue the petitioner's passport bearing No.L7844751 pursuant to his application dated 01.04.2025, enabling him to join duty at M/s.Capital Energy, United Arab Emirates as per the appointment order dated 22.03.2025. +1 more

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Ratio / Principle

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Key takeaways

The petitioner remains free to move the concerned Magistrate Court for appropriate relief regarding the passport.ratio¶¶24
The petitioner's passport shall not be utilized for travelling abroad without the permission of the first respondent (Regional Passport Officer).ratio¶¶24

Detailed headnote1 paragraphs

W.P(MD)No.15691 of 2025 (Madras High Court, Madurai Bench; decided 11.06.2025 by C.Saravanan J): The petitioner, arrayed as Accused No.4 in Crime No.233 of 2019 registered by the Inspector of Police, Thiruvattar Police Station on 13.07.2019 for offences under Sections 147, 148, 427, 447 and 506(2) IPC, with cognizance taken by the Judicial Magistrate-II, Padmanabhapuram in C.C.No.442 of 2022, sought a writ of mandamus under Article 226 directing reissue of his passport No.L7844751 (application dated 01.04.2025) to enable him to join duty at M/s.Capital Energy, United Arab Emirates per appointment order dated 22.03.2025. The Court held that, cognizance having been taken, the question of granting any relief at that stage did not arise and no positive direction could be issued; it disposed of the petition, left the petitioner open to seek appropriate relief from the concerned Magistrate Court, and directed that the passport shall not be utilized for travelling abroad without the permission of the first respondent (Regional Passport Officer). No order as to costs; connected W.M.P(MD)No.11929 of 2025 closed.

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W.P(MD)No.15691 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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W.P(MD)No.15691 of 2025 and W.M.P(MD)No.11929 of 2025

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D.Prabin ... Petitioner

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Vs.

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1.The Regional Passport Officer, Bharathi Ula Veedi, Race Course Road, Madurai 625 002

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2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District. ...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to reissue the petitioner's passport bearing No.L7844751 based on his application dated 01.04.2025 enabling the petitioner to join duty as M/s.Capital Energy, United Arab Emirates as per the appointment order dated 22.03.2025.

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

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W.P(MD)No.15691 of 2025

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For Petitioners : Mr.Charles Kamalesh M.Appaji

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For R1 : Mr.T.Thirupathy Central Government Standing Counsel For R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

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ORDER

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This writ petition has been filed for Mandamus to direct the respondents to reissue the petitioner's passport bearing No.L7844751 based on his application dated 01.04.2025 enabling the petitioner to join duty as M/s.Capital Energy, United Arab Emirates as per the appointment order dated 22.03.2025.

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The learned Government Advocate for the second respondent submits that the petitioner has been arrayed as Accused No.4 in Crime No.233 of 2019 registered by the second respondent for offences under Section 147, 148, 427, 447 and 506 (2) of IPC, dated 13.07.2019. He further submits that the learned Judicial Magistrate -II, Padmanabhapuram, has taken cognizance of the aforesaid crime in C.C.No.442 of 2022.

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That being the case, the question of granting any relief at this stage by this Court does not arise. Therefore no positive direction can be issued. It is

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

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W.P(MD)No.15691 of 2025

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open to the petitioner to move before the concenred Magistrate Court for appropriate relief. However, the passport shall not be utilized for travelling abroad without permission of the first respondent.

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