2020(1) C.W.C. 335 MADRAS HIGH COURT (Madurai Bench) Before:- M.Govindaraj, J. W.P.(MD) No.21363 of 2019. D/d. 04.10.2019. Prabakaran – PetitionerPassport – Pendency of criminal case at FIR stage – Same declined to be taken as ground for declining application for issuance of passport. Constitution of India, 1950 Article 226 Passports Act, 1967 Sections 5 and 6 Issuance of passport – Application by petitioner involved in criminal case, which found only at FIR stage – As per relevant Notification, mere pendency of Criminal proceedings found not a bar for issuance of Passport – Resultantly, petition disposed of by directing respondent to pass appropriate order on application of the petitioner.
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Prabakaran v. Regional Passport Officer, (Madras)(Madurai Bench) : Law Finder Doc Id # 1710469
2020(1) C.W.C. 335
MADRAS HIGH COURT
(Madurai Bench)
Before:- M.Govindaraj, J.
W.P.(MD) No.21363 of 2019. D/d. 04.10.2019.
Prabakaran – Petitioner
Versus
The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai – 625 002 – Respondent
For the Petitioner:- Mr.R.Karunanidhi, Advocate.
For the Respondent No. 1:- Mr.M. Karnan, Advocate.
For the Respondent No. 2:- Mrs. J. Padmavathi Devi, Special Government Pleader.
IMPORTANT
Passport – Pendency of criminal case at FIR stage – Same declined to be taken as ground for declining application for issuance of passport.
Constitution of India, 1950 Article 226 Passports Act, 1967 Sections 5 and 6 Issuance of passport – Application by petitioner involved in criminal case, which found only at FIR stage – As per relevant Notification, mere pendency of Criminal proceedings found not a bar for issuance of Passport – Resultantly, petition disposed of by directing respondent to pass appropriate order on application of the petitioner.
[Paras 4, 5 and 6]
ORDER
M.Govindaraj, J. – This writ petition has been filed for issuance of a direction, directing the 1st respondent to issue a passport to the petitioner based on his application in File Number. MD1062443028719.
2. The petitioner is a resident of Melur Taluk, Madurai District. He applied for a passport with the first respondent. After police verification, the first respondent sought for clarification as to the pendency of Cr.No.161 of 2015, which was registered under Section 379 IPC and section 21(1) of the Mines And Minerals (Development And Regulation) Act, 1957 on the file of the Kottampatti Police Station. Pursuant to the same, the petitioner appeared in person and submitted his explanation on 27.9.2019. Till date, the first respondent has not issued the passport on the ground that criminal case is pending.
3. According to the petitioner, the crime number is still in F.I.R stage and no charge-sheet has been filed. Since the criminal case is at F.I.R stage, it is not a bar for grant of passport.
4. The learned counsel appearing for the first respondent would submit that as per the Central Government Notification in GSR No.570(E), Ministry of External Affairs, dated 25.08.1993, pendency of criminal proceedings cannot be a bar for issuance of passport.
5. Learned Special Government Pleader appearing for the 2nd respondent would submit that case is still pending at the F.I.R stage and no further action has been taken.
6.Considering the submissions of the learned counsel for the respondents and also considering that the criminal case is pending at F.I.R stage, I am of the view that it is not a bar for grant of passport . Hence, a direction is given to the first respondent to consider the application of the petitioner, dated 17.09.2019 in consonance with the explanation submitted by the petitioner on 27.09.2019 in person and pass appropriate orders within a period of two months from the date of receipt of a copy of this order.
7.The writ petition is disposed of with the above observation. No costs.
W.P. Disposed of with Observations-no costs.
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