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2026 Supreme(Online)(Mad) 26536
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Thaha Ummal – Appellant
Versus
The Regional Passport Officer, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002. – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.M.Mahaboob Athiff
For the Respondents:Mr.M.Murugan Central Govt. Standing Counsel, Mr.M.Vaikkam Karunanithi Government Advocate (crl.side)
Mere FIR registration does not justify passport refusal under Section 6 of Passports Act, 1967; requires pending criminal court proceedings.
Headnote:Passports Act, 1967, Section 6 empowers Passport Authority to refuse passport issuance only if criminal proceedings are pending before a criminal court. Petitioner challenged show cause notice issued due to pending FIR in Crime No.297/2024. Court found mere FIR registration insufficient ground for refusal.
Issues: Whether mere FIR registration bars passport issuance under Section 6. Court held statutory bar applies only to pending court proceedings, not FIR alone; impugned notice unsustainable. Writ petition allowed; show cause notice set aside; passport processing directed within four weeks.
| Table of Content |
|---|
| 1. challenges to show cause notice due to fir (Para 2 , 3) |
| 2. fir insufficient for passport refusal under section 6 (Para 5 , 6 , 7) |
| 3. notice quashed; process passport expeditiously (Para 8 , 9 , 10) |
O R D E R
The petitioner is before this Court challenging the show cause notice dated 10.03.2026 issued by the first respondent.
2. By the said notice, the petitioner has been called upon to appear in person and submit relevant documents before the Enquiry Officer at the Passport Office in connection with an adverse report received from the second respondent.
3. The petitioner’s application for issuance of passport has not been processed on the ground that a criminal case has been registered against her in Crime No.297 of 2024.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. The refusal to issue or renew a passport is governed by the provisions of the Passports Act, 1967. Under Section 6 of the Act, the Passport Authority is empowered to refuse issuance or renewal of a passport only in the circumstances specifically enumerated therein. One such ground is where proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.
6. In the present case, the only reason cited by the respondents is the registration of an FIR against the petitioner. However, mere registration of an FIR does not fall within the grounds contemplated under Section 6 of the Act. The statutory bar arises only when criminal proceedings are pending before a competent criminal court.
7. Therefore, the action of the first respondent in withholding the petitioner’s application solely on the basis of the registration of an FIR is not in consonance with the provisions of the Passports Act, 1967.
8. In view of the above, this Court finds that the impugned show cause notice is not legally sustainable.
9. Accordingly, the writ petition is allowed and the show cause notice dated 10.03.2026 issued by the first respondent is set aside. The first respondent is directed to process the petitioner’s application dated 08.02.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria.
10. The above exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.
