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ABDUL QUDDHOSE
P. Praveen Raj – Appellant
Versus
Regional Passport Officer, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to issue a passport based upon the petitioner's passport application in File No.MA1062217366519, dated 08/2019.)
1. This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to issue a passport based upon the petitioner's passport application in File No.MA1062217366519, dated 08/2019, within a stipulated time to be fixed by this Court.
2. Heard Mr.N.Kumar, learned counsel for the petitioner and Mr.K.H.Ravikumar, learned Government Advocate for the 2nd respondent.
3. According to the petitioner, the first respondent has not processed his Passport application on the ground that an FIR is pending against him in Crime No.563 of 2017.
4. It is settled law that pendency of an FIR will not prohibit the first respondent from issuing Passport. It depends on the facts and circumstances of each case and the nature of the FIR.
5. The learned Standing counsel for the first respondent has placed before this Court the written instructions received by him from the first respondent, wherein it has been stated that since ther
The pendency of an FIR should not automatically prohibit the issuance of a passport, and the passport application should be considered on merits and in accordance with law after affording a fair hear....
Mere pendency of FIR cannot be construed as pendency of criminal proceedings and cannot be a bar for the issuance of passport.
A passport cannot be denied solely on the grounds of an FIR registration; pending criminal cases must be substantiated for denial under the Passports Act.
The refusal to issue a passport under Section 6 of the Passports Act, 1967, requires the existence of pending criminal proceedings before a competent court and cannot be justified by mere registratio....
The mere pendency of an FIR is not a sufficient reason to deny the issuance of a passport.
Mere FIR registration does not justify passport refusal under Section 6 of Passports Act, 1967; requires pending court proceedings.
Mere FIR registration does not bar passport issuance under Section 6 of Passports Act; requires pending court proceedings.
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