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2023 Supreme(Online)(MAD) 33478
MADRAS HIGH COURT
G.R.SWAMINATHAN, J
2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.29029
)No.29029
The pendency of an FIR at the initial stage is not an impediment to the issuance of a passport, subject to the fulfilment of certain conditions.
Headnote:
PASSPORT - ISSUANCE - FIR PENDING - NO IMPEDIMENT - SUBJECT TO FULFILMENT OF USUAL FORMALITIES
Fact of the Case:
The petitioner sought the issuance of a passport. He had already submitted the application. It was not disputed that the case pending against the petitioner was only at the FIR stage.
Finding of the Court:
The court held that there was no impediment to processing the petitioner's application since the case against him was only at the FIR stage. The court directed the petitioner to file an affidavit before the second respondent clearly mentioning his address for service and e-mail ID, and to give an undertaking that he would be available to face the trial as and when any summon is issued. The court also directed the first respondent to process the application and issue a passport to the petitioner subject to the fulfilment of the usual formalities.
Issues: Whether the pendency of an FIR can be an impediment to the issuance of a passport.
Ratio Decidendi: The court held that the pendency of an FIR at the initial stage is not an impediment to the issuance of a passport, subject to the fulfilment of certain conditions, such as the petitioner filing an affidavit with his address for service and e-mail ID, and giving an undertaking to be available for trial.
Final Decision: The court allowed the writ petition and directed the first respondent to process the petitioner's application and issue a passport to him subject to the fulfilment of the usual formalities.
W.P(MD)No.29029 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.29029 of 2022
Dinesh
... Petitioner
Vs
1.The Regional Passport Officer,
Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai – 625 002.
2.The Inspector of Police,
Manamadurai Police Station,
Sivaganga District.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the first respondent to issue a
passport and to issue the police clearance certificate to the petitioner by
considering the his application in File No. MD1064528427122 dated
25.08.2022 within a stipulated time fixed by this Court.
For Petitioner
: Mr.V.Manikandan
For Respondents : Mrs.L.Victoria Gowri
Deputy Solicitor General of India
for R.1
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.29029 of 2022
Mr.B.Thanga Aravindh
Government Advocate (Criminal Side)
for R.2
ORDER
Heard the learned counsel appearing for the writ petitioner, the learned
Deputy Solicitor General of India appearing for the first respondent and the
learned Government Advocate (Criminal Side) appearing for the second
respondent.
2. The petitioner seeks issuance of passport. He had already submitted
the petition mentioned application. It is not in dispute that the case pending
against the petitioner is only at FIR stage. There cannot be any impediment to
process the petitioner's application.
3. The petitioner is directed to file an affidavit before the second
respondent clearly mentioning his address for service. His e-mail ID shall also
be mentioned. The petitioner shall also give an undertaking to the second
respondent that he will be available to face the trial as and when any summon is
issued. The first respondent is directed to process the petition mentioned
application and issue passport to the petitioner subject to fulfilment of the usual
formalities.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.29029 of 2022
4. This Writ Petition is allowed. There shall be no order as to costs.
06.01.2023
Index
: Yes / No
Internet
: Yes / No
NCC
: Yes / No
MGA
Note: Issue Order Copy on 11.01.2023.
To
1.The Regional Passport Officer,
Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai – 625 002.
2.The Inspector of Police,
Manamadurai Police Station,
Sivaganga District.
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https://www.mhc.tn.gov.in/judis
W.P(MD)No.29029 of 2022
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.29029 of 2022
06.01.2023
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https://www.mhc.tn.gov.in/judis
