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ANITA SUMANTH
S. Premkumar – Appellant
Versus
Regional Passport Officer, Trichirapalli – Respondent
JUDGMENT :
ANITA SUMANTH, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider his Application No. TR7076177830924 dated 19.01.2024, within the time limit.
1. V. Ashok Kumar, learned Central Government Standing Counsel accepts notice for R1/the Regional Passport Officer, Trichirappalli and Mr. V. Meghanathan, learned Government Advocate accepts notice for R2/Inspector of Police, Anaikaranchathiram Police Station, Mayiladuthurai District. They are armed with instructions to enable final disposal of this Writ Petition, even at the stage of admission. Hence, by consent, the following order is passed.
2. The petitioner had been issued a passport on 25.04.2014 bearing No. L8706072. An FIR had been registered against the petitioner by R2 for alleged offences under Sections 379 and 430 of IPC read with Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 in Crime No. 790 of 2020.
3. Mr. Meganathan confirms that the matter is still at FIR stage and no charge sheet has been filed.
4. The petitioner had sought re-issue of passport on 19.01.2024, as the original passport w
The pendency of a criminal case or FIR is not a bar for 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, 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.
Mere pendency of FIR cannot be construed as pendency of criminal proceedings and cannot be a bar for the issuance of passport.
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