V.Dhinesh Kumar vs The Passport Officer
2023 Latest Caselaw 8547 Mad

                                                                             W.P(MD)No.16490 of 2015



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 18.07.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          W.P(MD)No.16490 of 2015


                V.Dhinesh Kumar                                                ... Petitioner


                                                      Vs


                1.The Passport Officer,
                  Government of India,
                  Ministry of External Affairs,
                  Passport Office,
                  W.B.Road,
                  Tiruchirappalli – 628 008.

                2.The Inspector of Police,
                  All Women Police Station,
                  Srirangam,
                  Trichy.                                                      ... Respondents

                Prayer: Writ Petition filed under Article 226 of the Constitution of India
                praying to issue a Writ of Mandamus, directing the first respondent to return the
                petitioner's original passport bearing No.H5613546.


                                   For Petitioner     : No Appearance
                                   For Respondents : Mr.P.Paul Pandi for R.1


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                                                                              W.P(MD)No.16490 of 2015



                                                           Mrs.K.Christy Theboral
                                                           Additional Government Pleader for R.2


                                                        ORDER

None appears for the writ petitioner.

2. The first respondent has filed counter affidavit. The learned

Additional Government Pleader appearing for the second respondent submitted

that the petitioner was shown as accused in Crime No.16 of 2014 registered on

the file of the second respondent. It was a matrimonial complaint. The

petitioner was arrested and charge sheeted. However, the case was ended in

acquittal on 22.11.2018 in C.C.No.33 of 2015 on the file of Additional Mahila

Court, Thiruchirappalli. The matter appears to have been compromised. The

judgment of acquittal has become final.

3. In the year 2014 itself, the second respondent had deposited the

petitioner's Passport before the Additional Mahila Court, Thiruchirappalli. The

petitioner had taken it back and in the proceedings initiated by the first

respondent, the passport was surrendered on 05.02.2015 itself. Since, the

criminal case has been ended in acquittal, there cannot be any justification in

not returning the passport. If the Passport has already not been returned to the

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

W.P(MD)No.16490 of 2015

petitioner, it is open to the petitioner to approach the first respondent and

collect the Passport back.

4. This writ petition is allowed on these terms. There shall be no order as

to costs.

                                                                                   18.07.2023
                Index             : Yes / No
                Internet          : Yes / No
                NCC               : Yes / No
                MGA

                To

                1.The Passport Officer,
                  Government of India,
                  Ministry of External Affairs,
                  Passport Office,
                  W.B.Road,
                  Tiruchirappalli – 628 008.

                2.The Inspector of Police,
                  All Women Police Station,
                  Srirangam,
                  Trichy.

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

W.P(MD)No.16490 of 2015

G.R.SWAMINATHAN, J.

MGA

W.P(MD)No.16490 of 2015

18.07.2023

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