Madras High Court
The Regional Passport Officer vs Samsudeen Mohamed Salih on 2 June, 2023
Author: P.D.Audikesavalu
Bench: Sanjay V.Gangapurwala, P.D.Audikesavalu
W.A.No.902 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.06.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.902 of 2023
The Regional Passport Officer,
Shastri Bhavan, Haddows Road,
Chennai-600 006. .. Appellant
Vs.
1.Samsudeen Mohamed Salih
2.The Sub Inspector,
F-1, Chintadripet Police Station,
Chennai-600 002. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order made in W.P.No.33161 of 2022 dated 19.12.2022.
For the Appellant : Mr.C.Kulanthaivel
For the Respondents : Mr.R.Abdul Mubeen
for 1st respondent
: Mrs.R.Anitha
Spl. Government Pleader
for respondent No.2
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W.A.No.902 of 2023
JUDGMENT
(Delivered by the Hon'ble Chief Justice) We have heard Mr.C.Kulanthaivel, learned counsel for the appellant, and Mrs.R.Anitha, learned Special Government Pleader for the second respondent.
2. The writ appellant assailed the order passed by the learned Single Judge of this Court in a writ petition filed by the first respondent. The learned Single Judge of this Court directed the writ appellant to re-issue the passport of the first respondent within a period of six weeks from the date of receipt of the copy of the order.
3. Learned counsel for the writ appellant submits that the learned Single Judge of this Court has not taken into consideration Section 6 of the Passport Act, 1967 in its correct perspective. The passport cannot be issued to a person to travel abroad, if the criminal case is pending against him. This aspect needs to be considered.
4. We would be guided by the judgment of the Apex Court in Page 2 of 6 https://www.mhc.tn.gov.in/judis W.A.No.902 of 2023 Criminal Appeal No.1342 of 2017 (Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation) dated 27.9.2021. The said case also relates to renewal of the passport. In the present case also, application of the first respondent is for renewal of the passport.
5. A Division Bench of the Bombay High Court, in the case of Abbas Hatimbhai Kagalwala v. State of Maharashtra and another, 2022 SCC OnLine Bom 1992, to which one of us (S.V.Gangapurwala, CJ.) was a party, has followed the judgment of the Apex Court in the case of Vangala Kasturi Rangacharyulu, supra and directed the respondent therein to process the application of the petitioner for renewal of the passport.
6. The contention of learned counsel for the appellant that the first respondent cannot travel abroad without the permission of the Court where the criminal case is pending, would not be an impediment for the passport authority to consider the application for renewal of the passport. No doubt, if the first respondent has to travel abroad and the criminal case is pending, then unless the Magistrate or the Page 3 of 6 https://www.mhc.tn.gov.in/judis W.A.No.902 of 2023 Sessions Court where the criminal case is pending permits the first respondent to travel abroad, he cannot travel abroad.
7. In the light of the above, we pass the following order:
(i) 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.
(ii) Decision shall be taken as above, within one month.
8. Accordingly, the writ appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.No.9011 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
02.06.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
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W.A.No.902 of 2023
To
The Sub Inspector,
F-1, Chintadripet Police Station,
Chennai-600 002.
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W.A.No.902 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
bbr
W.A.No.902 of 2023
02.06.2023
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