M.Bharath vs The Passport Officer
2023 Latest Caselaw 4013 Mad

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 10.04.2023

                                                           CORAM

                              THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                                   W.P.(MD)No.5925 of 2023

                     M.Bharath                                              ... Petitioner

                                                              vs.
                     1.The Passport Officer,
                     Regional Passport Office,
                     Barathi Ula Veethi, Race Course Road,
                     Madurai, Tamilnadu.

                     2.The Inspector of Police,
                     Bazaar Police Station,
                     Ramanathapuram.                                        ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India for issuance of Writ of Mandamus, to direct the first respondent to
                     issue        passport    to    the    petitioner   through   his    application
                     No.MD1064812170922, dated 28.11.2022 within the stipulated time.

                                     For Petitioner       :Mr.V.Muthumani
                                     For R1               :Mr.A.Srinivasan
                                                          Central Government Standing Counsel
                                     For R2               :Mr.J.Ashok
                                                          Additional Government Pleader

                                                            *****

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

                                  The Writ Petition has been filed in the nature of a Mandamus

                     seeking for a direction to the first respondent to issue passport to the

                     petitioner consequent to an application made on 28.11.2022.



                                  2.Heard Mr.V.Muthumani, learned Counsel for the petitioner,

                     Mr.A.Srinivasan, learned Central Government Standing Counsel for the

                     first respondent and Mr.J.Ashok, learned Additional Government Pleader

                     for the second respondent.



                                  3.The first respondent on receipt of a report of the Police

                     verification had informed that an FIR in Cr.No.305 of 2022 had been

                     registered by the second respondent for the offence under Sections 143

                     and 268 of IPC.



                                  4.It is stated by the learned Additional Government Pleader that

                     consequent to investigation, final report had also been filed before the

                     jurisdictional Magistrate, but had not taken cognizance.


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                                  5.It is trite in law to point out categorizing a person in a first

                     information report would certainly not draw a presumption that he is a

                     convicted accused. The prosecution will have to travel a long path after

                     investigation, by testing the evidence during trial and thereafter, a

                     judgment will have to be passed.               The petitioner is certainly not

                     disentitled for grant of passport and a direction is given to the first

                     respondent to follow the due procedure and if the petitioner is otherwise

                     eligible, issue passport within a period of four weeks from the date of

                     receipt of a copy of this order.



                                  6.The Writ Petition stands disposed of. No costs.



                     Index              :Yes / No                             10.04.2023
                     Internet           :Yes
                     NCC                : Yes/No


                     cmr

                     To

                     The Inspector of Police,
                     Bazaar Police Station,
                     Ramanathapuram.

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https://www.mhc.tn.gov.in/judis
                                  C.V.KARTHIKEYAN, J.

cmr

Order made in W.P.(MD)No.5925 of 2023

10.04.2023

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