Madras High Court
Sarojini vs The Regional Passport Officer on 4 November, 2024
W.P.(MD).No.26172 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.11.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.26172 of 2024
Sarojini
... Petitioner
Vs
1. The Regional Passport Officer,
Regional Passport Office,
New Municipal Complex,
Thillainagar 7th Cross Street,
Tiruchirappalli District.
2. The State Represented by
The Inspector of Police,
Paravakottai Police Station,
Tiruvarur District.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus directing the 1st respondent to
issue Passport based on the petitioner's Application No. TR1077009807924,
dated 09.10.2024.
For Petitioner : Mr. S.Sathyachidambaram
For Respondents : Mr.A.Srinivasan (R1)
Central Government Standing Counsel
https://www.mhc.tn.gov.in/judis
1/6
W.P.(MD).No.26172 of 2024
Mr.K.Gnanasekaran (R2)
Government Advocate (Crl.Side)
ORDER
The present writ petition has been filed seeking a direction to the
1st respondent to issue Passport based on the petitioner's Application No.
TR1077009807924, dated 09.10.2024.
2.By consent of both parties, considering the limited relief sought
for by the petitioner, the Writ Petition is taken up for final disposal at the stage
of admission itself.
3.Heard, the learned counsel appearing for the petitioner, the
learned Central Government Standing Counsel appearing for the first
respondent and the learned Government Advocate (Crl.Side) appearing for the
second respondent. Perused the materials on record.
4.It is submitted by the learned counsel for the petitioner that the
petitioner had applied for passport to her in application No.TR1077009807924,
on 09.10.2024. On receipt of her application, the second respondent had sent a
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report stating that a criminal case is pending against the petitioner in Cr.No.169
of 2021 on the file of second respondent. Therefore, the first respondent sent a
notice to the petitioner seeking explanation and produce the relevant documents
on 21.10.2024, following which, on 24.10.2024 the petitioner had sent
explanation to the first respondent. However, the first respondent has not
issued passport to the petitioner. Hence, this writ petition has been filed.
5.The learned counsel for the petitioner submitted that in Cr.No.
169 of 2021, after completion of investigation, the second respondent has filed
a final report before the I Additional District and Sessions Court, Thiruvarur in
S.S.C.No.2 of 2022.
6.The learned Government Advocate (Crl.Side) appearing for the
second respondent conceded that the charge sheet has already been filed on the
file of I Additional District and Sessions Court, Thiruvarur.
7.In W.A.No.902 of 2023, dated 02.06.2023, the Hon'ble Division
Bench of this Court has observed that a person cannot travel abroad without the
permissions of the Court where the criminal case is pending and the same
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would not be an impediment for the passport authority to consider the
application for renewal of the passport. No doubt, if a person has to travel
abroad and the criminal case is pending, then unless the Magistrate or the
Sessions Court, where the criminal case is pending permits the person to travel
abroad, he cannot travel abroad. The relevant portion is extracted hereunder:
“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.”
8.The said case also relates to renewal of the passport. The 1 st
respondent shall bear in mind that right to travel abroad is a fundamental right.
Therefore, the 1st respondent unless there are extraordinary circumstances shall
not deny relief.
9.Fully fortified by the Judgment of the Hon'ble Division Bench of
this Court in W.A.No.902 of 2023, this Court hereby direct the first respondent
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to process the application of the petitioner for renewal of passport without
insisting for permission of the Court, where a criminal case is pending against
the petitioner. If the petitioner is travelling abroad, then the petitioner would be
required to seek permission from the Court where the criminal case is pending.
10.With the above direction, this writ petition stands disposed of.
There shall be no order as to costs.
04.11.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
PNM
To
1. The Regional Passport Officer,
Regional Passport Office,
Barathi Ula Veethi,
Race Course Road,
Madurai - 625 002.
2. The Inspector of Police,
Melur Police Station,
Madurai District.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
PNM
ORDER IN
04.11.2024
https://www.mhc.tn.gov.in/judis
