This petition is filed to direct the learned Judicial Magistrate, Alandur to return the Passport bearing No.E 7381459 to the petitioner.
2. The First Information Report was registered by the first respondent police in Crime No.119 of 2006 for an offence under
Sections 12(b) of Passport Act r/w 420, 468 and 471 IPC, in which the petitioner had pleaded guilty and by an order dated 10.03.2009 a punishment of fine of Rs.5,000/- came to be awarded with a further direction that the petitioner's passport should be destroyed.
3. It is now represented by the learned counsel for the petitioner that though such an order was passed for destruction of the passport, on verification they were made aware of the fact that the original passport bearing No.E 7381459 was still available in the records of the learned Judicial Magistrate, Alandur. Now the petitioner intends to apply for a fresh passport for which purpose his old passport is also required for physical verification.
4. The learned counsel for the second respondent also submitted that the petitioner has been given an appointment for verification for the purpose of issuance of fresh passport for which the production of original passport is mandatory.
5. Taking into account of the fact that the petitioner has not suppressed the existence of the earlier passport in his application for a fresh passport, I am of the view that interest of justice would be met if the passport bearing No.E 7381459, which is now in the custody of the learned Judicial Magistrate, Alandur in connection with Crime No.119 of 2006, is directed to be handed over to the second respondent for the purpose of verification. It is now brought to my notice that an appointment for verification has been fixed on 08.11.2017. However, in my view, the date of verification can be extended for another two weeks to enable the second respondent to verify the original passport.
6. In the result, there shall be a direction to the learned Judicial Magistrate, Alandur to return the petitioner's passport bearing No.E 7381459 to the second respondent namely The Regional Officer, Regional Passport Officer, Passport Seva Kendra, 1st Floor, Union Trade Centre, Udhana M.S.RAMESH,J.
dpq Darwaja, Surat 395 007. Since the petitioner intends to travel abroad very shorty, such an exercise of sending the passport shall be made within a period of one week from the date of receipt of a copy of this order. With the above observations, the Criminal Original Petition stands disposed of.
07.11.2017 Index:Yes/No dpq To
1. The Judicial Magistrate, Alandur.
2. The Inspector of Police, CCB, St. Thomas Mount, Chennai.
3. The Regional Officer, Regional Passport Office, Passport Seva Kendra, 1st Floor, Union Trade Centre, Udhana Darwaja, Surat 395 007.
4. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.16275 of 2017