Arunkumar v. Regional Passport Officer, Regional Passport Office, New Municipal Complex, Tiruchirappalli
2025-01-09
L.VICTORIA GOWRI
body2025
DigiLaw.ai
ORDER : L.Victoria Gowri, J. The prayer in the Writ Petition reads as follows:- “To issue a Writ of Mandamus directing the 1st respondent to renew and re-issue of petitioner's passport bearing no. K3186577 considering petitioner's application dated 17.12.2024 in File No. TR 2077140628724.” 2. The petitioner is the holder of passport No.K3186577. On 21.11.2024, the petitioner made an application, seeking renewal of passport by producing all necessary documents. The first respondent issued a communication dated 26.11.2024 directing him to appear before the authority seeking explanation about the cases registered against him in Crime No.166 of 2021 on the file of the 2nd respondent police. Hence, the petitioner filed this writ petition seeking for the aforesaid relief. 3. When the matter is taken up for hearing, the learned Government Advocate (Crl.) appearing for the respondent police on instructions would submit that criminal case in Crime No.166 of 2021 has culminated in laying charge sheet by way of E-filing in Crl OP - LTN20230000555C202500029 before the learned Additional Mahila Court, Trichy. 4. Heard the learned counsel appearing for the petitioner, the learned Central Government Standing Counsel for the 1st respondent, the learned Government Advocate appearing for the respondent police and carefully perused the entire materials available on record. 5. The petitioner is given liberty to move the learned Additional Mahila Court, Trichy, for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a period of three weeks thereafter. The learned Trial Judge shall bear in mind that right to travel abroad is a fundamental right and the petitioner's career and avocation may be at stake, if he is denied the right to go abroad. Therefore, the learned Trial Court, unless there are extraordinary circumstances, shall not deny such relief. Of course, the period of validity of passport will have to be restricted. It is also open to the learned Trial Judge to stipulate appropriate conditions to ensure that the prosecution is not stalled on account of the petitioner's absence in India. If necessary, the applicant can be directed to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat. 6. Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer, who shall dispose of the petition-mentioned application in terms of the said order.
If necessary, the applicant can be directed to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat. 6. Based on the order passed by the learned Trial Court, the petitioner shall move the jurisdictional Regional Passport Officer, who shall dispose of the petition-mentioned application in terms of the said order. 7. This Writ Petition is allowed on these terms. There shall be no order as to costs.