Madras High Court
The Regional Passport Officer vs Samsudeen Mohamed Salih on 2 June, 2023
W.A.No.902 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.902 of 2023
The Regional Passport Officer,
Shastri Bhavan, Haddows Road,
Chennai-600 006. .. Appellant
Vs.
1.Samsudeen Mohamed Salih
2.The Sub Inspector,
F-1, Chintadripet Police Station,
Chennai-600 002. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order made in W.P.No.33161 of 2022 dated 19.12.2022.
For the Appellant : Mr.C.Kulanthaivel
For the Respondents : Mr.R.Abdul Mubeen
for 1st respondent
: Mrs.R.Anitha
Spl. Government Pleader
for respondent No.2
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W.A.No.902 of 2023
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.C.Kulanthaivel, learned counsel for the
appellant, and Mrs.R.Anitha, learned Special Government Pleader for
the second respondent.
2. The writ appellant assailed the order passed by the learned
Single Judge of this Court in a writ petition filed by the first
respondent. The learned Single Judge of this Court directed the writ
appellant to re-issue the passport of the first respondent within a
period of six weeks from the date of receipt of the copy of the order.
3. Learned counsel for the writ appellant submits that the
learned Single Judge of this Court has not taken into consideration
Section 6 of the Passport Act, 1967 in its correct perspective. The
passport cannot be issued to a person to travel abroad, if the criminal
case is pending against him. This aspect needs to be considered.
4. We would be guided by the judgment of the Apex Court in
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W.A.No.902 of 2023
Criminal Appeal No.1342 of 2017 (Vangala Kasturi Rangacharyulu v.
Central Bureau of Investigation) dated 27.9.2021. The said case also
relates to renewal of the passport. In the present case also,
application of the first respondent is for renewal of the passport.
5. A Division Bench of the Bombay High Court, in the case of
Abbas Hatimbhai Kagalwala v. State of Maharashtra and
another, 2022 SCC OnLine Bom 1992, to which one of us
(S.V.Gangapurwala, CJ.) was a party, has followed the judgment of the
Apex Court in the case of Vangala Kasturi Rangacharyulu, supra
and directed the respondent therein to process the application of the
petitioner for renewal of the passport.
6. The contention of learned counsel for the appellant that the
first respondent cannot travel abroad without the permission of the
Court where the criminal case is pending, would not be an impediment
for the passport authority to consider the application for renewal of the
passport. No doubt, if the first respondent has to travel abroad and
the criminal case is pending, then unless the Magistrate or the
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W.A.No.902 of 2023
Sessions Court where the criminal case is pending permits the first
respondent to travel abroad, he cannot travel abroad.
7. In the light of the above, we pass the following order:
(i) The writ appellant shall process the application of
the first respondent for renewal of passport without
insisting for permission of the Court, where a criminal
case is pending against the first respondent. If the first
respondent is travelling abroad, then the first
respondent would be required to seek permission from
the Court where the criminal case is pending.
(ii) Decision shall be taken as above, within one month.
8. Accordingly, the writ appeal is disposed of. There will be no
order as to costs. Consequently, C.M.P.No.9011 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
02.06.2023
Index : Yes/No
Neutral Citation : Yes/No
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W.A.No.902 of 2023
To
The Sub Inspector,
F-1, Chintadripet Police Station,
Chennai-600 002.
https://www.mhc.tn.gov.in/judis
W.A.No.902 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
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W.A.No.902 of 2023
02.06.2023
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