Madras High Court
Deepan Chakkaravarthy Obla ... vs The Regional Passport Officer on 27 April, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD)No.8822 of 2023
Deepan Chakkaravarthy Obla Balachandran ... Petitioner
vs.
1.The Regional Passport Officer,
Regional Passport Office,
Bharathi Ula Veethi, Race Course Road, Madurai-2.
2.The Inspector of Police,
Anna Nagar Police Station (L&O), Madurai.
3.The Inspector of Police,
PEW Police Station, Madurai City, Madurai. ... 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
re-issue passport to the petitioner based on his application bearing File
No.MD1074858140722, dated 12.12.2022 within the time stipulated by
this Court.
For Petitioner :Mr.P.R.Prithiviraj
For R1 :Mr.K.Kuttalanathan
Central Government Standing Counsel
For R2 and R3 :Mr.J.Ashok
Additional Government Pleader
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ORDER
This Writ Petition has been filed in the nature of a Mandamus
seeking a direction against the first respondent to re-issue the passport of
the petitioner based on application in File No.MD1074858140722, dated
12.12.2022.
2.Heard Mr.P.R.Prithiviraj, learned Counsel for the petitioner, and
Mr.K.Kuttalanathan, learned Central Government Standing Counsel for
the first respondent and Mr.Mr.J.Ashok, learned Additional Government
Pleader for the respondents 2 and 3.
3.The petitioner is the holder of an Indian passport No.F3323414.
It had expired. He had then applied for fresh passport. A renewed
passport was issued bearing No.K9949682. Thereafter, when a further
application was made for further renewal, it was informed that an FIR in
Cr.No.62 of 2007 had been registered against the petitioner herein, which
was taken cognizance as S.C.No.248 of 2010. The petitioner was
actually acquitted by judgment, dated 01.02.2016 by the VI Additional
District Court at Madurai. A further appeal had been filed and it is
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pending before this Court in Crl.A.(MD)No.379 of 2016. Even
otherwise, it had been stated that another FIR in Cr.No.828 of 2016 had
been registered against the petitioner herein.
4.The learned Additional Government Pleader stated that final
report had been filed and it had not been taken cognizance by the learned
Judicial Magistrate No.VI at Madurai. Insofar as the pendency of the
criminal appeal is concerned, even when the passport was to be renewed
on earlier occasion, the petitioner had to file W.P(MD)No.11418 of 2018
and an order was passed on 30.05.2018 directing renewal of the passport
in spite of the pendency of the criminal appeal.
5.In view of above facts, a direction is issued to the first
respondent to issue a notice to the petitioner herein and thereafter, get
necessary undertaking, particularly, that if he wants to go abroad, then he
must get a permission from this Court where Crl.A.No.379 of 2016 is
pending and also from the learned Judicial Magistrate No.VI, Madurai,
where, the final report had been filed insofar as FIR in Cr.No.828 of
2016 is concerned and if the Judicial Magistrate had committed the same
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for trial to the Sessions Court, then from the Session Court concerned,
where, the trial is held. Only after getting permission from the said two
Courts, the petitioner can go abroad. Subject to those conditions and
getting an indemnity from the petitioner, the first respondent may, if the
petitioner is otherwise eligible, renew the passport of the petitioner. The
entire exercise must be completed within a period of eight weeks from
the date of receipt of a copy of this order.
6.The Writ Petition stands disposed of. No costs.
Index :Yes / No 27.04.2023
Internet :Yes
NCC : Yes/No
cmr
To
1.The Inspector of Police,
Anna Nagar Police Station (L&O), Madurai.
2.The Inspector of Police,
PEW Police Station, Madurai City, Madurai.
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C.V.KARTHIKEYAN, J.
cmr
Order made in
W.P.(MD)No.8822 of 2023
27.04.2023
https://www.mhc.tn.gov.in/judis
