ABDUL RAZIK Vs. THE REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondent to issue passport to the petitioner by considering his application taken on file as file No. MD.2079877643917 in light of the judgement made by this Court in M. Jaihar William Vs. State of Tamil Nadu, 2014 2 CWC 684.

(2.) According to the petitioner, he is a resident of Tuticorin. He was issued passport on 15.07.2012 and the same is valid upto 14.07.202 He was employed in Bahrain. He married on 04.09.2013. After marriage, the petitioner had surrendered his passport for change of status from bachelor to married and reapplied for reissue of passport on 30.12016. In the meantime, the petitioner's wife had given a police complaint against the petitioner under Sec. 498-A of Penal Code and Sec. 4 of the Domestic Violence Act. Taking note of the FIR lodged by the petitioner's wife, the respondent vide proceedings dated 21.02017 sought for an explanation from the petitioner. According to the communication dated 21.02017, the petitioner was involved in the offence as stated supra and called for explanation within 30 days. As per proceedings, the petitioner seems to have suppressed the material information in his passport application. In response to the column No.8 of the show cause notice, the petitioner had submitted his explanation on 24.02017 as follows :-

(3.) That answer to be given in the form only when a person had been charged of criminal proceedings under the Code of Criminal Procedure and taking cognizance of the same. Mere pendency of the FIR cannot be construed as pendency of criminal proceedings. Therefore, the petitioner had not suppressed any material information in his passport application.