W.P.(MD)No.8026 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025 CORAM: THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.8026 of 2025 N.Jeganathan ... Petitioner -vs- 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002. 2.The Inspector of Police, Perunkudi Police Station, Madurai District. (Crime No.184/2017) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to re-issue the passport to the petitioner vide application MD1077371736725, dated 04.02.2025, within the time frame to be fixed by this Court. For Petitioner : Mr.V.Muthu Kamatchi For R1 : Mr.B.Narayna Ram Central Government Standing Counsel ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.8026 of 2025 For R2 : Mr.K.Gnanasekaran Government Advocate (Criminal side) 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) submitted that a criminal case has been registered against the petitioner in Crime No.184 of 2017 for the offences under Sections 11 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 506(i) of I.P.C., on the file of the second respondent, which is in the F.I.R. stage. 4. It is well settled that when the case is pending only at the F.I.R. stage, there is no impediment for the Regional Passport Officer to grant the relief sought for by the petitioner herein. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.8026 of 2025 5. The petitioner has to appear before the jurisdictional Police and file an affidavit indicating his contact details. The petitioner apart from furnishing his residential address must also give his WhatsApp mobile number, e-mail I.D. This is because, if any adverse final report is filed and the same is also taken on file by the jurisdictional criminal court, it should be possible to serve summons on the petitioner with the available details. The petitioner shall give an undertaking that the prosecution initiated against him will not be stalled on account of his absence from India. He should undertake that summons can be served on him through E- mail/WhatsApp. If necessary, the petitioner will have to execute a special Vakalat in future so that he can be represented by his counsel in the proceedings in terms of Section 205 of Cr.P.C. 6. Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional Police, the jurisdictional Regional Passport Officer shall process the petition mentioned application and issue passport subject to fulfilment of the other usual formalities. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.8026 of 2025 7. This Writ Petition is disposed of on the above terms. There shall be no order as to costs. NCC : Yes / No 24.03.2025 Index : Yes / No smn2 To:- 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002. 2.The Inspector of Police, Perunkudi Police Station, Madurai District. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.8026 of 2025 VIVEK KUMAR SINGH , J. smn2 W.P.(MD)No.8026 of 2025 24.03.2025 ____________ https://www.mhc.tn.gov.in/judis