Madras High Court
U.Francis Telex vs The Regional Passport Officer on 16 December, 2021
W.P(MD)No.20213 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :16.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P(MD).No.20213 of 2021
U.Francis Telex ... Petitioner
Vs.
1.The Regional Passport Officer,
Bharathi Ula Veethi,
Near Race Course Road,
Madurai – 625 002.
2.The Inspector of Police,
Kudankulam Police Station,
Tirunelveli District. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, to direct the first respondent to
renew the petitioner passport for another ten years period which is pending in
File No.MD2073120027320, dated 26.11.2020, on the file of the first
respondent within the time stipulated by this Court.
For Petitioner : Mr.K.Sudalaiyandi
For R1 : Mr.Aayiram K.Selva Kumar
Standing Counsel
For R2 : Mr.D.Ghandiraj
Special Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.20213 of 2021
ORDER
The Writ Petition has been filed in the nature of Mandamus, seeking a
direction to the first respondent/Regional Passport Officer, Madurai, to renew
the passport of the petitioner for a further period. The petitioner had given a
Renewal Application File No.MD2073120027320 on 26.11.2020.
2.Heard the learned Counsel for the petitioner, Mr.K.Sudalaiyandi and
Mr.Aayiram K.Selva Kumar, learned Standing Counsel for the first respondent
and Mr.Ghandiraj, learned Special Government Pleader for the second
respondent. As is normally the case, the first respondent had invited opinion
from the second respondent/the Inspector of Police, Kudankulam Police Station
to inform whether the petitioner had come to adverse notice.
3.It is stated that in this connection Crime No.30 of 2015, had been
registered against the petitioner by the second respondent for offences under
Sections 147, 341, 294 (b), 323 and 506 (ii) IPC. After investigation, final
report had been filed and taken cognizance as CC.No.13 of 2021 by the Judicial
Magistrate, Radhapuram. The petitioner was acquitted by the judgment, dated
30.03.2021. There was yet another First Information Report registered as
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W.P(MD)No.20213 of 2021
against the petitioner in Crime No.252 of 2021, for the offence under Sections
294 (b), 506 (i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment
of Women Act, 2002.
4.It is stated that investigation is still pending with respect to the
allegations in the said First Information Report. However, it must be stated that
mere pendency of the First Information Report cannot be a bar to consider the
application of the petitioner seeking renewal of his passport.
5.The First Information Report is only an information given to the Police
official regarding the alleged offence that had been committed. Thereafter,
normally on investigation, this Court takes cognizance of the offence when the
final report is filed.
6.There is also an option that after investigation the allegations may be
found not true and even dropped by the investigating officer. Therefore, the
first respondent cannot continue to deny renewal of passport on the basis of the
First Information Report being registered against the petitioner herein.
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W.P(MD)No.20213 of 2021
7.Mr.Aayiram K.Selva Kumar, learned Counsel for the first respondent
also very fairly stated that the first respondent shall consider the application of
the petitioner in its true spirit and if clarifications are required, they will issue
notice to the petitioner seeking such clarifications, but if the, application is in
order, they will proceed to do the needful.
8.In view of these facts, a direction is given to the first respondent to
proceed further with process of the renewal application of the petitioner for
passport and if it is otherwise in order, proceed to renew the passport. Such
exercise must be completed within a period of eight weeks from the date of
receipt of a copy of this order.
9.With the above direction, this Writ Petition is allowed. No costs.
16.12.2021
Index : Yes / No
Internet : Yes/ No
lr
https://www.mhc.tn.gov.in/judis
W.P(MD)No.20213 of 2021
To
1.The Regional Passport Officer,
Bharathi Ula Veethi,
Near Race Course Road,
Madurai – 625 002.
2.The Inspector of Police,
Kudankulam Police Station,
Tirunelveli District
https://www.mhc.tn.gov.in/judis
W.P(MD)No.20213 of 2021
C.V.KARTHIKEYAN, J.
lr
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but,
ensuring that the copy of the order that is
presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
W.P(MD).No.20213 of 2021
16.12.2021
https://www.mhc.tn.gov.in/judis
