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2025 DAILYLAW 86957 (MAD)

KALEEL RAHMAN AJMAL KHAN v. THE REGIONAL PASSORT OFFICER

WP/31273/2025 · 2025-08-20

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 31273 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 31273 of 2025 AND WMP NO. 35001 OF 2025 1. Kaleel Rahman Ajmal Khan S/o.Amal Khan, No.30/20, Deravenkataswami Street, Triplicane, Chennai-600 005. Petitioner(s) Vs 1. The Regional Passport Officer Regional Passport Office, Rayala Towers 2 And 3 Iv Floor, New No.158, Anna Salai, Chennai-2. 2.The Inspector Of Police Cyber Crime Police Station, CCB (ccd-1 District) Office Of The Commissioner Of Police, Veppery, Chennai-600 007. Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Certiorarified Mandamus to call for the records relating the impugned communication / letter in Letter Ref. No.SCN/ 104958 9767/25 dated 15.07.2025 of the 1st respondent and quash the same as illegal and contrary to the judgement of this Honourable court in The Regional Passport Officer, Chennai Vs. Samsudeen https://www.mhc.tn.gov.in/judis WP No. 31273 of 2025 Mohamed Salih and another in W.A. No.902 of 2023 and consequently direct the 1st respondent to re-issue passport to the petitioner vide File MA 1075269857125 dated 02.07.2025 by considering the petitioners representation dated 29.07.2025 within time frame stipulated by this Court. For Petitioner(s): Mr. I.Abdul Basith For Respondent(s): M/s.R.Sugumar, CGSC For R1 ORDER This writ petition has been filed challenging the impugned communication dated 15.07.2205 issued by the 1st respondent and for a consequential direction to the 1st respondent to renew the passport of the petitioner. 2. The learned Government Advocate submitted that the investigation is pending in Crime No.259 of 2024. 3. The impugned communication has been issued by the 1st respondent based on the report received from the police to the effect that there is a criminal case pending against the petitioner. https://www.mhc.tn.gov.in/judis WP No. 31273 of 2025 4. In the considered view of this Court, the mere pendency of an FIR against the petitioner cannot be a ground to refuse re- issuance / renewal of the passport in favour of the petitioner. The law on this issue is now too well settled. Useful reference can be made to the judgement of the Division Bench of this Court in WA No.902 of 2023 wherein the Division Bench has held that insofar as the re-issuance of passport is concerned, it is not necessary for the concerned person to get the permission from the Court. Only when it comes to travelling abroad, the concerned person must seek for permission from the Court where the criminal case is pending. 5. In view of the above, the impugned summons issued by the 1st respondent dated 15.07.2025 is hereby quashed and there shall be a direction to the 1st respondent to reissue / renew the passport in favour of the petitioner for the regular period, within a period of four weeks from the date of receipt of a copy of this order, if the petitioner has satisfied all the other requirements. https://www.mhc.tn.gov.in/judis WP No. 31273 of 2025 6. This writ petition is allowed with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 20-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 31273 of 2025 To 1.The Regional passport Officer Regional Passport Office, Rayala Towers 2 And 3, IV Floor, New No.158, Anna Salai,C Hennai-2. 2.The Inspector Of Police Cyber Crime Police Station, CCB (CCD-1 District) Office Of The Commissioner Of Police, Vepery, Chennai-600 007. https://www.mhc.tn.gov.in/judis WP No. 31273 of 2025 N.ANAND VENKATESH J. rka WP No. 31273 of 2025 WMP NO. 35001 OF 2025 20-08-2025 https://www.mhc.tn.gov.in/judis