W.P.(MD)No.7557 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025 CORAM: THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.7557 of 2025 Mohamed Meera Mohideen ... Petitioner -vs- 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Madurai. 2.The Inspector of Police, Melapalayam Police Station, Thirunelveli District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue a passport to the petitioner in Passport Application No.MD2076934261124, dated 12.09.2024, submitted by the petitioner, in accordance with law, within the time stipulated by this Court. For Petitioner : Dr.R.Alagumani For R1 : Mr.K.Maharajan Central Government Standing Counsel For R2 : Mr.K.Gnanasekaran Government Advocate (Criminal side) ____________ p. 2 W.P.(MD)No.7557 of 2025 ORDER Heard both sides. 2. The petitioner seeks issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed. 3. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the second respondent submitted that a criminal case has been registered against the petitioner in Crime No.384 of 2022 for the offences under Sections 294(b) and 323 of I.P.C. and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, on the file of the second respondent and the same has culminated in laying a charge sheet in C.C.No.42 of 2024 before the Judicial Magistrate Court No.V, Tirunelveli. 4. In view of the above said submissions, the petitioner is given liberty to move the trial Court for the relief now sought for. As and when such miscellaneous petition is filed, it shall be numbered and disposed of within a ____________ p. 3 W.P.(MD)No.7557 of 2025 period of three weeks thereafter. The learned trial Judge shall bear in mind that right to travel abroad is a fundamental right. The petitioner's career and avocation may be at stake, if he is denied the right to go abroad. Therefore, the trial Court unless there are extraordinary circumstances shall not deny the 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 from India. If necessary, the applicant can be directed to file an application under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by executing a special Vakalat. 5. Based on the order passed by the 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. 6. This Writ Petition is disposed of accordingly. There shall be no order as to costs. NCC : Yes / No 20.03.2025 Index : Yes / No smn2 ____________ p. 4 W.P.(MD)No.7557 of 2025 To:- 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Madurai. 2.The Inspector of Police, Melapalayam Police Station, Thirunelveli District. ____________ p. 5 W.P.(MD)No.7557 of 2025 VIVEK KUMAR SINGH , J. smn2 W.P.(MD)No.7557 of 2025 20.03.2025 ____________