Madras High Court
M.Prakash vs The Regional Passport Officer on 22 May, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
WA No.1607 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2024
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
WA No.1607 of 2024
M.Prakash : Appellant
versus
1. The Regional Passport Officer,
Regional Passport Office, Chennai,
Royala Towers No.2 & 3,
IV Floor, Old No.785, New No.158,
Annasalai, Chennai 600 002.
2. The Passport Seva Kendra,
Rep. by its Passport Officer,
No.1, Banumathi Ramakrishna Road,
Bharathi Colony, Vijayaragavapuram,
Saligramam, Chennai 600 093.
3. The State by
Inspector of Police,
Central Crime Branch, EDF-II, Team-III,
Vepery, Chennai-7. : Respondents
Page 1 of 6
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WA No.1607 of 2024
Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the
order of the learned Single Judge in W.P.No.4613 of 2024 dated 08.04.2024.
For the Appellant : Mr.C.Vidhusan
For the Respondents : Mr.S.Janarthanan
Spl. Panel Counsel
for respondent Nos.1 and 2
: Mr.D.Ravichandar
Spl. Govt. Pleader
for respondent No.3
JUDGMENT
(Delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The appellant is holder of Indian passport. Its validity has already
expired. The appellant had filed WP No.4613 of 2024 seeking renewal. It is
not in dispute that the appellant is facing criminal prosecution in CC
No.9751 of 2021 on the file of Special Magistrate for Exclusive Trial of
CCB, CBCID Cases, Egmore. Learned Single Judge had disposed of the
writ petition in the following terms:
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"5. This Court is of the considered opinion
that the application submitted by the petitioner for
renewal of Passport may be considered in
accordance with law. Once the Passport is
renewed, it is to be surrendered before the
Criminal Court of Law. If the petitioner has
undertaken to travel abroad, he has to seek
necessary permission from the Criminal Court of
Law. Therefore, renewal of Passport would not be
construed as permission to travel abroad. The
Passport, if renewed by the Passport Officer, then
it is to be surrendered by Regional Passport
Officer to the 3rd respondent/Inspector of Police,
Central Crime Branch, who in turn is directed to
surrender the original Passport before the
Criminal Court of Law, where the trial is pending.
The petitioner is at liberty to submit an
application seeking permission to travel abroad, if
necessary."
Questioning the same, this writ appeal has been filed.
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3. We are of the view that interference is warranted only as regards
direction to surrender the passport. The petitioner can very well retain the
passport. But, then, the petitioner needs to get permission from the trial
court for travelling abroad.
4. With this modification, the writ appeal is partly allowed. There
shall be no order as to costs.
(G.R.S., J.) (P.B.B., J.)
22.05.2024
Index : Yes/No
Neutral Citation : Yes/No
sra/tar
Office to note:
Issue copy by 24.05.2024.
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To
1. The Regional Passport Officer,
Regional Passport Office, Chennai,
Royala Towers No.2 & 3,
IV Floor, Old No.785, New No.158,
Annasalai, Chennai 600 002.
2. The Passport Seva Kendra,
Rep. by its Passport Officer,
No.1, Banumathi Ramakrishna Road,
Bharathi Colony, Vijayaragavapuram,
Saligramam, Chennai 600 093.
3. The Inspector of Police,
Central Crime Branch, EDF-II, Team-III,
Vepery, Chennai-7.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
and
P.B. BALAJI, J.
(tar)
22.05.2024
https://www.mhc.tn.gov.in/judis
