A passport applicant facing two pending criminal trials challenged the closure of his application under the Passports Act. The court disposed of the writ petition permitting him to approach the Judicial Magistrate for orders directing the Passport Officer to process his application; if favourable, the application stands revived.
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W.P.(MD).No.18549 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P(MD) No.18549 of 2025
Ulaganathan.S ... Petitioner
Vs.
The Regional Passport Officer, Government of India, Ministry of External Affairs, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned communication passed by the respondent in his proceedings in 2400371_CPC_MDU/2402222_CRM_MDU, dated 29.05.2025 and quash the same.
For Petitioner : Mr.B.Prahalad Ravi
For Respondent : Mr.P.Veerapandi Central Government Standing Counsel
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ORDER
This Writ Petition is disposed of at the time of admission after hearing the
learned counsel for the petitioner and the learned counsel for the respondent.
“Vide this office detailed letter dated 14.11.2024 followed by reminder letters dated 30.12.2024 and dated 27.01.2025, it is specifically mentioned that the criminal case registered against you has been charge sheeted and pending trial against you which attracts section 6(2)(f) of Indian Passports Act, 1967 and therefore, informed to produce the case related documents (order if any, from Court concered permitting you to travel abroad or Order if any, on the disposal of the Criminal case pending trial against you in C.C.No.2403 of 2022).
Since your passport application attracts Section 6(2)(f) of Indian Passports Act, 1967 and the same is pending for a long period of time. You are therefore,
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informed to produce either order on disposal of the criminal cae(s) registered against you or order if any in possession, from the Court concerned permitting you to travel abroad, within 15 days from the date of receipt of this final reminder.
After the above mentioned stipulated period of time, your application will be treated as closed in view of efflux of time. However, application for passport if any, submitted afresh disclosing the previous application / closure application reference number, with the copies of requisite document/court order and thereafter, your new application will be processed in accordance with the provisions of Indian Passports Act, 1967.
This is issued in pursuance of the order of the Hon'ble Madurai Bench of Madras High Court in W.P(MD) No.22109 of 2024.”
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on 2009.
Passport Officer , Madurai, wherein the Court has held as under:
5. The petitioner is given liberty to move the learned Judicial Magistrate No.II, Ramanathapuram, 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 and 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 such relief. Of course, the period of validity of
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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 in India. If necessary, the applicant can be directed to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat.
6. 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, within a period of three weeks after such application is filed.
7. This Writ Petition is allowed on these terms and the impugned order dated 21.06.2024 passed by the respondent is set aside. There shall be no order as to costs.
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09.07.2025
NCC : Yes / No Index : Yes / No Internet : Yes / No
Indu
To
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W.P.(MD).No.18549 of 2025
C.SARAVANAN, J.
Indu
W.P(MD).No.18549 of 2025
09.07.2025
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2 issues framed by the court
Whether the passport application could be closed for efflux of time while criminal cases were pending against the petitioner.
What relief the petitioner could seek from the trial court for processing his passport application.
Colour shows how this judgement treated each authority
D.Thangaraja pandian Vs. Regional Passport Officer, MaduraiRelied on¶5
W.P(MD) No.30704 of 2024
3 provisions across 3 enactments
Ulaganathan.S
The Regional Passport Officer, Madurai
C.Saravanan
As recorded by the court registry
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