A passport renewal application is not permissible while criminal proceedings are pending without court approval.

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to renew the passport of the petitioner bearing Passport No.E2005177 by processing the petitioner’s application in File No.TR2076130578425 dated

24.12.2025.

2. The learned counsel appearing for the first respondent submitted that the petitioner’s application has not been processed since a criminal case is pending against the petitioner before the jurisdictional criminal court. In support of the said submission, reliance was placed on Section 6(2)(f) of the Passport Act, 1967, which empowers the Passport Authority to refuse issuance or renewal of a passport if proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.

3. The learned counsel for the first respondent further placed reliance on the decision of a Co-ordinate Bench of this Court in W.P.(MD) No.9418 of 2025 dated 07.04.2025, wherein it has been held that when criminal proceedings are pending before a competent criminal court, the applicant seeking issuance or renewal of a passport must approach the court in which such proceedings are pending and obtain appropriate permission for issuance or renewal of the passport. It is also brought to the notice of this Court that the same view has been reiterated by the Full Bench of this Court in W.P.(MD) No.26547 of 2025 dated

09.02.2026.

4. In view of the above legal position, this Court is of the opinion that the petitioner must necessarily approach the jurisdictional criminal court where the criminal proceedings are pending and seek appropriate permission for renewal of the passport.

5. Accordingly, this Writ Petition is disposed of granting liberty to the petitioner to approach the jurisdictional criminal court in which the criminal case is pending and file an appropriate application seeking permission for renewal of the passport. If such an application is filed by the petitioner, the concerned trial court shall consider the same on its own merits and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order. The trial court shall not reject such application on mere technical grounds and shall consider the request in the light of the settled legal principles governing the issue.