Madras High Court
Surenth vs The Regional Passport Officer on 8 May, 2025
W.P.(MD)No.14000 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.05.2025
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.(MD)No.14000 of 2025
Surenth ... Petitioner
Vs.
1.The Regional Passport Officer,
New Municipal Complex,
Thillai Nagar, 7th Cross,
Trichirappalli – 620 018
2.The State of Tamil Nadu,
The Inspector of Police,
Vattathikkottai Police Station,
Thanjavur District
In Crime No.229 of 2023. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of mandamus directing the first respondent to re-issue the
Passport based on the petitioner's application in File No.TR1077437145325
dated 15.03.2025.
For Petitioner : M/s.S.Prabha
For R1 : Mr.P.Sathish Kumar
For R2 : Mr.K.Gnanasekaran
Government Advocate(Crl.side)
ORDER
The petitioner seeks issuance of writ of mandamus to direct the first
respondent to re-issue passport based on the petitioner's application dated
15.03.2025.
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2. Heard the learned counsel for the petitioner, the learned counsel for the
first respondent and the learned Government Advocate (Crl.side) appearing for
the second respondent.
3. Admittedly, the petitioner is only cited as an accused in First
Information Report, which is pending in Crime No.229 of 2023. Final report has
not been filed. This Court has repeatedly held that mere pendency of First
Information Report will not preclude the passport authorities from considering
the application made by any of the accused.
4. While dealing with the similar issue , this Court in W.Jaihar William
Vs. State of Tamil Nadu reported in 2014(2) CWC 684, held that mere
pendency of FIR cannot be construed as pendency of criminal proceedings,
unless Judicial Magistrate takes cognizance of the offence, on filing of charge
sheet on completion of investigation against the accused.
5. In view of the judgment cited supra, this Court directs the first
respondent to consider the petitioner's application for re-issuance of passport
without reference to the pendency of FIR which is lodged against the petitioner
and the petitioner is entitled to re-issuance of passport. The said exercise shall
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be carried out within a period of eight weeks from the date of receipt of a copy
of this order.
6. With the above direction, this writ petition is disposed of. No costs.
08.05.2025
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CM
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To:
1.The Regional Passport Officer,
New Municipal Complex,
Thillai Nagar, 7th Cross,
Trichirappalli – 620 018
2.The State of Tamil Nadu,
The Inspector of Police,
Vattathikkottai Police Station,
Thanjavur District
In Crime No.229 of 2023.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 03:38:00 pm )
P.B.BALAJI, J.
CM
08.05.2025
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