C SIMON Vs. PASSPORT OFFICER; INSPECTOR OF POLICE

JUDGEMENT

(1.) This writ petition has been filed to call for the records of the proceedings in notice dated 26.09.2008 in file No. MDUE00374408/ADVERSE on the file of the first respondent, quash the same and consequently direct the respondents to issue the passport to the petitioner.

(2.) Heard the learned Counsel for the petitioner and also Mr. Arul Vadivel @ Sekar, learned Assistant Solicitor General of India, who took notice on behalf of the respondents.

(3.) The learned Counsel for the petitioner would echo the cri de coeur of the petitioner to the effect that at the time of getting renewal of his passport, he was not aware of cases have been booked by the police in Crime No. 413 of 2007 for the offence under Section 17(1)(ii) read with 15 of Criminal Law Amendment Act, 1908 and in Crime No. 529 of 2008 for the offences under Sections 147, 294(b) and 296 I.P.C.; however the Passport Authority, who was apprised with such facts by the police, send a show cause notice to the petitioner calling upon him to explain as to why his passport should not be impounded and fine should not be imposed for suppression of material facts relating to the pendency of the criminal cases; thereupon he surrendered his passport and thereafter the Passport Authority imposed a penalty of Rs. 5000/- (Rupees five thousand only); now the present writ petition is for obtaining direction from this Court so as to enable the petitioner to get permission from the Judicial Magistrate's Court, Padmanabapuram for leaving abroad and produce the said order before the Passport Authority to get necessary further orders to enable the petitioner to go abroad and that the petitioner also undertakes to pay the penalty of Rs. 5000/- (Rupees five thousand only).