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2026 Supreme(Online)(Mad) 39002

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
Dilli Chinnapaiyan – Appellant
Versus
Regional Passport Officer – Respondent
WP.3374/2026



Advocates:
For the Petitioner(s): Mr.B.Karthik
For the Respondent(s):Mr.G.Mutharasu for R1 and R2, Mr.V.Meghanathan for R3 and R4, Government Advocate (Crl.Side)

Court directs filing of charge sheets in pending criminal cases before considering foreign travel permission in writ petition.

Headnote:Under Article 226 of the Constitution of India, the petitioner sought a writ of mandamus to permit travel abroad using passport No. Y3569282 and E-Visa No.201/2026/87215993, as visa application was not considered amid pending criminal cases. Essential facts include three registered cases against petitioner, one disposed, two pending investigation under Sections 25(1a) Arms Act, 336, 341, 397, 506(2) IPC (Crime No.1702/2017) and Sections 379 IPC @ 395, 397, 506(1) IPC (Crime No.1463/2017). Court found charge sheet ready for filing and directed police respondents to file it within three weeks. Issues framed involve whether petitioner can travel abroad pending investigations in serious criminal cases involving Arms Act and IPC offences like robbery and criminal intimidation. Ratio decidendi emphasizes balancing travel rights under Article 226 against ongoing criminal investigations; court permits petitioner to approach magistrate after charge sheet filing, without granting immediate travel permission. Writ petition disposed of with directions to police to file charge sheet within three weeks; petitioner at liberty to apply to magistrate.

Table of Content
1. petition seeks travel permission despite pending cases. (Para 1 , 2 , 3)
2. details of pending criminal investigations under arms act and ipc. (Para 4 , 6)
3. directs charge sheet filing within three weeks before travel. (Para 5 , 7)

ORDER

This Writ Petition has been filed to direct the respondents to permit the petitioner to travel abroad holding passport bearing No. Y3569282 and E-Visa Entry Permit bearing No.201/2026/87215993.

2. According to the petitioner, the petitioner made an application for grant of VISA, however, the same was not considered, hence the present Writ Petition has been filed.

3. The learned counsel appearing for the petitioner would submit that out of three cases, which are pending against the petitioner, one case was already disposed of and two cases are pending.

4. The learned Government Advocate (Crl.Side) appearing for the respondents 3 and 4 would submit that the charge sheet is made ready and this Court may issue a direction to file a charge sheet within a period of three weeks. He would further submit that out of three cases, two cases are pending investigation, viz., Crime No.1702 of 2017 for offences under Sections 25(1a) Arms Act, 336, 341, 397, 506(2) of IPC and Crime No.1463 of

2017 for offences under Sections 379 IPC @ 395, 397, 506(1) IPC.

5. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondents 1 and 2 and the learned Government Advocate (Crl.Side) for appearing for the respondents 3 and 4 and perused the documents placed on record.

6. It is to be noted that the petitioner herein made an application for grant of VISA and the same has not been considered. Besides the above, it is the contention of the petitioner that though three cases are pending against the petitioner, one was already disposed of and only two cases are pending against the petitioner, for which, the learned Government Advocate (Crl.Side) appearing for the respondents 3 and 4 would submit that the charge sheet is ready and the same would be filed before the concerned magistrate. That apart, on a perusal of the entire documents placed on record, it is seen that three cases are registered against the petitioner, out of which, two cases are pending against the petitioner, viz., Crime No.1702 of 2017 for offences under Sections 25(1a) Arms Act, 336, 341, 397, 506(2) of IPC and Crime No.1463 of

2017 for offences under Sections 379 IPC @ 395, 397, 506(1) IPC..

7. Considering the above said facts and circumstances of the case, this Court is inclined to direct the respondent-police, viz., 3 and 4, to file a charge sheet within a period of three weeks from the date of receipt of a copy of this order and the petitioner is at liberty to make application before the concerned magistrate in the manner known to law.

With the above direction, the present Writ Petition is disposed of. No costs.

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