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C. V. KARTHIKEYAN
Raman – Appellant
Versus
Regional Passport Officer, New Municipal Complex Thillai Nagar, Tiruchirapalli – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the first and second respondents to re-issue of petitioner''s passport bearing No.L0072388 on the basis of petitioner''s application File No.TR1074782012322, based on the petitioner''s representation dated 18.03.2023, within the time stipulated by this Court.)
1. This writ petition has been filed in the nature of mandamus seeking direction to the respondents 1 and 2 to re-issue passport bearing No.L0072388 to the petitioner.
2. The petitioner had filed an application in file No.TR1074782012322. The petitioner had also given a representation to the respondents on 18.03.2023.
3. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the third respondent.
4. The petitioner is a holder of passport bearing No.L0072388. The petitioner has sought for re-issuance of his passport and had given an application in this regard. The respondents have stated that they had received an information that F.I.R. in Crime No.61 of 2019 had been registered against the petitioner under Sections 294(b), 324 and 506(ii) I.P.C. This writ
The mere registration of an FIR does not automatically disqualify an individual from obtaining a passport, as conviction follows a lengthy legal process.
Mere FIR registration does not justify passport refusal under Section 6 of Passports Act, 1967; requires pending court proceedings.
The mere pendency of a criminal case against the applicant shall not stand as a bar for issuance/re-issuance of passport.
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....
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 authority to issue passports is contingent upon judicial approval in the context of pending criminal proceedings.
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