The mere registration of an FIR does not justify the withholding of passport renewal under Section 6 of the Passport Act.

O R D E R

The petitioner has approached this Court seeking the issuance of a Writ of Mandamus directing the first respondent to renew the petitioner’s passport bearing No. M5865720 pursuant to the application submitted on

13.10.2025.

2. The grievance of the petitioner is that though an application was submitted for renewal of the passport, the same has not been processed by the first respondent. According to the petitioner, the application for renewal has been kept pending on the ground that the police verification report contains adverse remarks stating that a criminal case has been registered against the petitioner.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. The refusal to issue or renew a passport is governed by the provisions of the Passport Act, 1967. Under Section 6 of the said Act, the Passport Authority is empowered to refuse issuance or renewal of a passport only in the circumstances specifically enumerated therein. One such circumstance is when proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.

5. In the present case, the only reason cited for withholding the petitioner’s application is that a criminal case has been registered against the petitioner. However, mere registration of an FIR does not fall within the grounds contemplated under Section 6 of the Passport Act for refusing issuance or renewal of a passport. The statutory bar would arise only if criminal proceedings are pending before a competent criminal court.

6. Therefore, the action of the respondent in withholding the petitioner’s application for renewal of the passport solely on the basis of the registration of an FIR is contrary to the provisions of Section 6 of the Passport Act.

7. In view of the above, this Court finds merit in the contention of the petitioner.

8. Accordingly, the Writ Petition is allowed and the first respondent is directed to process the petitioner’s application for renewal of passport bearing No. M5865720 and renew the same, subject to the petitioner satisfying all other eligibility criteria prescribed under law. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs.