IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 06.02.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 2555 of 2026 Mohamed Yunus ...Petitioner Vs.

l.The Regional Passport Officer, Regional Passport Office, Royala Towers, No 2 and 3, IV Floor, Old No.785, New NO. 158, Anna Salai, Chennai - 600 002.

2. Cyber Crime, Inspector of Police, CID Headquarters, Carlton House, Bangaluru-56001.

Crime No. 25/2016. ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Mandamus, to direct the 1^st respondent to consider the passport renewal application dated 30/03/23, to issue the renewed passport to the petitioner based on the settled position of law within stipulated time fixed by this Court.

For Petitioner : Mr. S.Mohamed Aadhif For Respondent 1: Mr. T.M.Pappiah (Central Government Standing Counsel)

For Respondent 2: Mr. L.Baskaran Government Advocate (Criminal Side)

O R D E R

This writ petition is filed seeking a writ of mandamus, to direct the 1^st respondent to consider the passport renewal application dated 30.03.2023, to issue the renewed passport to the petitioner based on the settled position of law within a stipulated time fixed by this Court.

2. The petitioner would submit that he had applied for a renewal of his Indian Passport bearing No.K5814192, in application No.MA2075224956523 dated 30.03.2023. It is the case of the petitioner that the 1^st respondent failed to process the application stating that there is an FIR pending against the petitioner in Crime No.25 of 2016, on the file of 2^nd respondent for the offences under Section 66(C), 66(D) of the Information Technology Act and 419 and 420 of the IPC.

3. The petitioner further submits that there is no such FIR pending against him and the said FIR is closed by the 2^nd respondent by filing a detailed report before the I Additional Chief Metropolitan Magistrate, Bengaluru. Therefore, the petitioner is before this Court seeking a direction to the 1^st respondent to issue a renewed passport to the petitioner.

4. Heard the learned counsels on either side and perused the records.

5. In the case on hand since there is a criminal case pending against the petitioner and the only case filed against him had been closed by the police authorities by filing a detailed report before the concerned Court, there is no impediment to the issue of passport to the petitioner. Even assuming that there are criminal cases filed against the petitioner, in a recent judgement, in 2025 INSC 1476 – Mahesh Kumar Agarwal Vs. Union of India, the Hon’ble Supreme Court held that denial of passport by quoting the provisions of Section 6 (2) (f) of the Passports Act, was erroneous, since the issue of passport is only a case of providing document for civil identity, whereas travel out of the country was a regulated activity. The right to allow or not to allow the accused person from traveling abroad vests with the Court, in which the criminal proceeding is pending. The Hon’ble Apex Court observed that the issuing authority is bound to issue passport and it does not possess any power to deny the issue of passport itself.

6. Therefore, this writ petition is allowed and the 1^st respondent is directed to consider and dispose of the petitioner’s application dated 30.03.2023, in the manner known to law within a period of 3 weeks from the date of receipt of a copy of this order. No costs.

06.02.2026 Index : Yes/No Internet : Yes/No kan To l.The Regional Passport Officer, Regional Passport Office, Royala Towers, No 2 and 3, IV Floor, Old No.785, New NO. 158, Anna Salai, Chennai - 600 002.

2. Cyber Crime, Inspector of Police, CID Headquarters, Carlton House, Bangaluru-56001.

Crime No. 25/2016.

P.T. ASHA, J kan

06.02.2026