MURUGESAN Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The Petitioner has prayed for issuance of a Writ of Mandamus, directing the first respondent to issue a passport in application No.MD01C5061577323 on considering his explanation, dtd. 1/8/2023.

(2.) Heard Mr.K.Kannan, learned counsel appearing for the petitioner, Mrs.B.Deepa, learned Central Government Standing Counsel appearing for the first respondent and Mrs.M.Aasha, learned Government Advocate (Crl.side) appearing for the second respondent.

(3.) The learned counsel for the petitioner would submit that due to some motive, the petitioner has been implicated as an accused in Cr.No.63 of 2022 for the offences under Ss. 147, 148, 294(b), 324, 379 & 506(ii) of IPC and Sec. 4 of TNPHW Act, on the file of the Devakottai Town Police Station and as on date, no charge sheet has been filed. In the meantime, in order to pursue the job in the abroad, the petitioner applied for passport in application No.MD01C5061577323 on 7/7/2023. After scrutinizing the application, it was brought to the notice of the first respondent that he was involved in the criminal case and hence, his application was rejected on 24/7/2023. The first respondent issued a letter in SCN/315342139/2023 stating that he had suppressed the registration of case registered against him in Crime No.63 of 2022, on the file of the second respondent and directed the petitioner to give an explanation regarding the said criminal case. Based on that, the petitioner has submitted an explanation to the first respondent on 1/8/2023 stating that the case registered as against him as a false one and the maximum punishment for the alleged offences is 3 years and even after receipt of his explanation, the first respondent has not pass any orders in his application. Being left with no other alternative efficacious remedy, the petitioner constrained to file this writ petition before this Court.