Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not processing the petitioners passport application bearing File No. VJ2076385635726 on the ground of a pending criminal case vide Crime No. 162/2013 before 4th respondent as illegal, arbitrary, irrational, irregular, and in violation of the provisions of the Passports Act, 1967, and the Rules framed there under, as well as Articles 14, 19, and 21 of the Constitution of India, and contrary to the settled principles of natural justice. Consequently, direct the 2nd respondent to process the petitioners passport application and issue the passport in accordance with law, within a time frame as may be fixed by this Honble Court and to pass such

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim direction to direct the 2nd respondent to process the petitioner’s passport application and issue the passport in accordance with law, within a time frame as may be fixed by this Hon’ble Court forth with pending disposal of the Writ Petition and pass such

The Court made the following Order:

The present Writ Petition has been filed questioning the action of the respondent authorities in not processing the petitioner’s Passport application bearing No.VJ2076385635726.

Case of the petitioner is that he made an online application bearing No.VJ2076385635726, seeking for issuance of passport. However, the application of the petitioner was not processed by the respondent authorities on the ground that a case in Crime No.162 of 2013 at Pattabhipuram Police Station is pending against him for the offence under Section 420 of IPC. Aggrieved by the non-consideration of his application, the petitioner has approached this Court.

Learned Assistant Government Pleader for Home submitted that the case in Crime No.162 of 2013 of Pattabhipuram Police Station is at the stage of investigation.

Perused the entire material available on record.

A perusal of entire material on record goes to show that the petitioner herein was involved in Crime No.162 of 2013 of Pattabhipuram Police Station, registered for the offence under Section 420 of IPC.

It is the contention of learned counsel for Writ Petitioner that the Writ Petitioner was falsely implicated in Crime No.162 of 2013 and no other criminal proceedings are pending against the petitioner before any Court as on date.

It is the specific contention of Writ Petitioner that the Writ Petitioner was falsely implicated as accused in the said case and that the Writ Petitioner is always available and would not flee away from justice. It is the specific case of the Writ Petitioner that pendency of criminal case against the Writ Petitioner should not lead to denial of passport facilities.

Section 5 of the Passports Act, 1967 deals with application for obtaining a passport. Section 6 thereof deals with refusal of a passport. Section 6 (2) (f) of the Passports Act, 1967 contemplates that the passport issuing authority shall be bound to reject the application for issuance of a passport, if criminal proceedings are pending in any Court in India. The Ministry of External Affairs, Government of India issued a Notification vide GSR No.570(E), dated 25.08.1993. Relevant portion of GSR 570 (E) reads as follows:

“In exercise of the powers conferred by Clause (a)of Section 22 of the Passports Act, 1967 (Act 15 of 1967) and in supersession of the Notification of the Government of India in the Ministry of External Affairs No.GSR 298(E) dated the 14th April 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings