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2025 Supreme(Online)(Mad) 57734
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.Saravanan, J
M.R.Muthusami – Appellant
Versus
The Regional Passport Officer, External Affairs of India, Regional Passport Office, Madurai – Respondent
W.P(MD)No.16570 of 2025
For the Appellants/Petitioners: M/s.M.Viji
For the Respondents: M/s.B.Deepa, Mr.M.Vaikam Karunanithi
The court ruled that pending charges not serious in nature do not preclude passport issuance.
Headnote:The writ petition, filed under Article 226 of the Constitution of India, sought to direct the issuance of a passport based on the petitioner’s application. The petitioner faced pending charges under IPC for an agitation-related incident. The court found the offenses were not serious enough to impede the passport's renewal. Ultimately, the petition was allowed with directions for the passport to be renewed within four weeks, to be handed over to the Judicial Magistrate.
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| 1. petitioner seeks passport issuance related to criminal charges. (Para 1 , 2 , 3) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD)No.16570 of 2025 M.R.Muthusami ... Petitioner Vs.
1.The Regional Passport Officer, External Affairs of India, Regional Passport Office, Madurai.
2.The Superintendent of Police, Dindigul, Dindigul District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India , praying this Court to issue a Writ of Mandamus, directing the first respondent to issue passport on the basis of the petitioner's application bearing number MD10766021324 dated 14.03.2024 within the stipulated time period fixed by this Court.
For Petitioner : M/s.M.Viji For R1 : M/s.B.Deepa Central Government Standing Counsel For R2 : Mr.M.Vaikam Karunanithi Government Advocate (Crl.Side)
ORDER
This writ Petition has been filed for a Mandamus to direct the first respondent to issue passport on the basis of the petitioner's application bearing number MD10766021324 dated 14.03.2024.
2. The learned Government Advocate for the second respondent submits the petitioner is an accused in Crime No.560 of 2021, dated 21.06.2021 regsitered under Sections 143 and 269 of IPC. In respect of the same, the case was initiated in C.C.No.221 of 2022. However, the proceedings have been dropped against the petitioner. The petitioner is also an accused in Crime No. 727 of 2018, dated 10.08.2017 for offences under Section 143, 341, 188 of IPC. A charge sheet has been filed and the case has been taken in C.C.No.891 of 2020 before the Judicial Magistrate - II, Dindigul. It is informed that the said case is pending for trial and posted at the summons stage.
3. The petitioner is one of the accused among others in respect of agitation. The offence for which the petitioner has been charged in the second mentioned FIR in Crime No.727 of 2018, dated 10.08.2024 is on account of the involvement of agitation. The nature of offence for which the petitioner has been charged along with the others is not serious in nature. Therefore, there shall be no impediment in directing the respondents to renew and re-issue the passport of within a period of four weeks from the date of receipt of a copy of this order. However, the passport shall be handed over to the Judicial Magistrate – II, Dindigul. It is open to the petitioner to file a suitable application before the said Court for issuance of passport as and when the petitioner desires to travel abroad.
