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TMI Blog2014 (6) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... yan, AGP, Mr.A.Uthaman, Mr. A.B. Nagarajan, Mr. E. T. Rajendran COMMON ORDER As issue involved in all these writ petitions is one and the same, they are disposed of by way of this common order. 2. These writ petitions have been filed praying for issuance of a writ of Mandamus to direct the 3rd respondent to issue passport to the petitioners. 3. The petitioners herein have applied for issuance of passport, with an intention to leave to go abroad for seeking their livelihood. They have made the applications to the 3rd respondent on different dates. While they were eagerly awaiting for issuance of passport, vide his proceedings (different dates) the 3rd respondent has informed the petitioners that he has received an adverse police ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of passport, the same was referred to the Superintendent of Police, Tirunelveli, under Section 5(2) of the Passports Act, 1967, for verification of character and antecedents on 01.11.2011; in response, an adverse police verification report was received from the Superintendent of Police, Tirunelveli, in respect of each of the petitioners; the petitioners are involved in the agitation against the Koodankulam Nuclear Project and First Information Reports have been filed against the petitioners. As regards the petitioners in W.P.(MD).Nos.8343 to 8348 & 8350 of 2014, criminal cases have been registered in Cr.Nos.338/2011, 397/2011, 375/2011, 377/2011, 393/2011, 375/2011 & 384/2011 respectively, for the offences under Section 143 & 188 r/w 34 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hdrawal of the above said criminal cases, which were filed under Sections 143, 188 r/w 34 IPC. 6. When the matter was taken up for consideration, the learned counsel for the petitioners made a submission that as per Section 6(2)(f) of the Passports Act 1967, the 3rd respondent can refuse to issue passport, only if the criminal proceedings in respect of the alleged offence said to have been committed by the petitioners are pending before the Court of Law. The pendency of FIR cannot be a bar in considering the applications of the petitioners for issuance of passport. Unless, the judicial authority takes congnizance of the offence alleged to have been committed by the petitioners, it cannot be said that the criminal case is pending before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under Clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely_ (a) & (b) .... (c)that proceedings in respect of an offence alleged to have been committed by the applicant are pending before the criminal Court in India;" It is well settled legal principle that mere pendency of FIR cannot be construed as pendency of criminal proceedings in respect of the offences alleged to have been committed by the applicant before the Criminal Court. Only after the Court takes cognizance of the offence alleged to have been committed by the applicant, as stipulated under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of a police report and that till that stage is reached, he is said to be acting only as a Magistrate controlling the investigation made by the police. It has been further held in the said judgment as follows:- "The judicial act commences only when the chargesheet is in order and the Magistrate proceeds further under Chapter XVI. Unless the charge-sheet is in the official custody of the Court together with its accompaniments to be furnished to the accused, it cannot be construed that there is a filing of charge-sheet. Chapter XVI relates to commencement of proceedings before Magistrates, process to be issued when Magistrate takes cognizance of the offence" Therefore, it is clear that unless the Judicial Magistrate takes cognizance of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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