The petitioner seeks issuance of passport. The first respondent has declined to do issue in view of the adverse police report given by the second respondent herein. Today when the matter was taken up, it was reported that the second respondent has filed a final report in Crime No.43 of 2015. Even though the said final report is said to have been filed as early as on 05.02.2015, till date it has not been taken on file. The question of denial of issuance of passport would come only if, the proceedings are pending before the Criminal court. Mere filing of final report is not sufficient to attract Section 10 (3) (e) of the Passport Act, 1967.
2. This Court therefore, directs the first respondent to issue passport pursuant to the writ petitioner application dated 11.09.2017 bearing file No.MD2060543592717.
3.This Court cannot lose sight, as the learned Assistant Solicitor General of India rightly pointed out of the fact that the criminal proceedings cannot be stalled on account of the absence of the writ petitioner in India.
4.The learned counsel appearing for the writ petitioner would submit that he would file necessary application under
Section 205 of Cr.P.C, and 317 of Cr.P.C for condonation to ensure that the proceedings are not stalled on account of his Physical absence in India. He would further undertake that he would cooperate with the progress of the criminal case.
4.Placing the above said undertaking made by the learned counsel for the petitioner on record, this writ petition is allowed. No costs.
To
1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai.