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2019 DIGILAW 2708 (MAD)

Prabakaran v. Regional Passport Officer, Madurai

2019-10-04

M.GOVINDARAJ

body2019
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus, directing the 1st respondent to issue a passport to the petitioner based on his application in File Number. MD1062443028719 within a stipulated time that may be fixed by this Court.) 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.