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Tamilarasan v. The Regional Passport Officer

Madras HC7 Mar 2025WP(MD)/6087/2025

Case brief

AI extract

What is this about?

passport issuance despite pending FIR; Crime No.34 of 2022; Section 12 Tamil Nadu Gaming and Police Laws (Amendment) Act 2021; Article 226 Writ of Mandamus; Regional Passport Officer Madurai; undertaking affidavit; WhatsApp and e-mail contact details; summons service abroad; special Vakalat; Section 205 Cr.P.C.; FIR-stage no impediment; Avaniyapuram and Silaiman police stations; Madras High Court Madurai Bench; Vivek Kumar Singh J.; 07.03.2025.

What did the court decide?

Writ Petition allowed on the above terms: petitioner to file undertaking affidavit with contact details before the jurisdictional Police, following which the Regional Passport Officer to process Application No.MD1077341226725 and issue the passport subject to usual formalities; no order as to costs. ¶39

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Regional Passport Officer should issue a passport to the petitioner despite a criminal case (Crime No.34 of 2022) pending against him at the F.I.R. stage. +1 more

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Court's answer

When the criminal case is pending only at the F.I.R. stage, there is no impediment for the Regional Passport Officer to grant the relief sought by the petitioner.

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Ratio / Principle

As a condition, the petitioner must appear before the jurisdictional Police and file an affidavit giving his residential address, WhatsApp mobile number and e-mail ID, and undertake that the prosecution against him will not be stalled on account of his absence from India, that summons can be served on him through e-mail/WhatsApp, and that he will execute a special Vakalat in future if necessary so that he can be represented by counsel in terms of Section 205 of Cr.P.C.

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Key takeaways

Once the passport authority is satisfied that the undertaking affidavit has been filed before the jurisdictional Police, the Regional Passport Officer shall process the petitioner's application and issue the passport subject to fulfilment of the other usual formalities.ratio¶38

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD)No.6087 of 2025 (decided 07.03.2025, Vivek Kumar Singh, J.) - A petitioner whose passport application (No.MD1077341226725) was unprocessed owing to his involvement in Crime No.34 of 2022 (S.12, Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021), pending only at the F.I.R. stage, obtained a Writ of Mandamus via Article 226. The court held that when a case is pending only at the F.I.R. stage, there is no impediment for the Regional Passport Officer to issue the passport. Conditions imposed: petitioner to appear before the jurisdictional Police and file an affidavit stating residential address, WhatsApp number and e-mail ID, undertaking that the prosecution will not be stalled by his absence from India, that summons may be served via e-mail/WhatsApp, and that a special Vakalat will be executed if needed for representation per S.205 Cr.P.C. On satisfaction that such affidavit is filed, the RPO to process the application and issue the passport subject to usual formalities. Petition allowed; no costs.

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W.P.(MD)No.6087 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.03.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH

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W.P.(MD)No.6087 of 2025

Tamilarasan

... Petitioner

-vs-

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai.

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2.The Inspector of Police, Avaniyapuram Police Station, Madurai.

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3.The Inspector of Police, Silaiman Police Station, Madurai.

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(Crime No.34 of 2022)

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... Respondents

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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 passport to the petitioner for his Application No.MD1077341226725, within time stipulated by this Court.

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For Petitioner : Mr.G.Ganeshkumar

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For R1 : Mr.K.Maharajan

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Central Government Standing Counsel

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Page 1 of 5

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

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W.P.(MD)No.6087 of 2025

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For R2 and R3 : 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 passport. He has submitted an

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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 respondents 2 and 3 submitted that a case in Crime No.34 of 2022 for the offence under Section 12 of the Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021 registered against the petitioner, is pending at the F.I.R. stage.

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_____________ Page 2 of 5_

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

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W.P.(MD)No.6087 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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_____________ Page 3 of 5_

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

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W.P.(MD)No.6087 of 2025

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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 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 as to costs.

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NCC : Yes / No 07.03.2025 Index : Yes / No smn2

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To:-

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