The issuance of a passport can be denied if there are pending criminal proceedings against the applicant, requiring them to seek permission from the relevant court.

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 and 2 to issue a passport to the petitioner based on his application in File No.MD1066274045326 dated 28.01.2026 and the reply submitted by him on 13.02.2026.

2. The learned Deputy Solicitor General appearing for the respondents 1 and 2 submitted that the petitioner’s application cannot be processed since a criminal case is pending against the petitioner before the jurisdictional criminal court. In support of the said submission, reliance has been 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 Deputy Solicitor General 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 of the passport. It is also brought to the notice of this Court that the said legal position has been reiterated by a Full Bench of this Court in W.P.(MD) No.26547 of 2025 dated

09.02.2026.

4. In view of the above settled 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 issuance of the passport.

5. Accordingly, this Writ Petition is disposed of granting liberty to the petitioner to approach the jurisdictional criminal court before which the criminal case is pending and file an appropriate application seeking permission for issuance 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 four weeks from the date of receipt of a copy of this order. The trial court shall not reject the application on mere technical grounds and shall consider the same in the light of the legal principles governing the field.

6. With the above observations and directions, this Writ Petition stands disposed of. No costs.