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2026 Supreme(Online)(Mad) 26838
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
M.Adaikkammal – Appellant
Versus
The Regional Passport Officer, Regional Passport Office, New Municipality Complex, 7th Cross, Thillainagar, Trichy. – Respondent
W.M.P.(MD)No.6172 of 2026 | Passport Application No. TR 2075060360225 | Crime No.21 of 2025
For the Appellants/Petitioners: Mr.N.Kamesh
For the Respondents:Mr.T.Mahendran Central Government 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 court proceedings.
Headnote:The Passports Act, 1967, particularly Section 6, governs refusal of passport issuance, permitting denial only if criminal proceedings are pending before a court. Petitioner applied for passport but faced a show cause notice due to an FIR (Crime No.21/2025). Court held mere FIR registration insufficient ground for withholding passport, as no proceedings pending before criminal court. Issue: Whether FIR registration justifies passport refusal under Section 6. Ratio: Statutory bar under Section 6 applies only to pending court proceedings, not mere FIR; withholding based solely on FIR contravenes the Act (paras 5-7). Writ petition allowed; show cause notice quashed; passport processing directed within four weeks, subject to eligibility.
| Table of Content |
|---|
| 1. challenges show cause notice due to fir. (Para 2 , 3) |
| 2. fir alone insufficient for passport refusal under section 6. (Para 5 , 6 , 7) |
| 3. quash notice, direct passport issuance. (Para 8 , 9 , 10 , 11) |
O R D E R
The petitioner is before this Court challenging the show cause notice dated 26.05.2025 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.21 of 2025.
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 26.05.2025 issued by the first respondent is set aside. The first respondent is directed to process the petitioner’s application dated 21.05.2025 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.
11.No costs. Consequently, the connected miscellaneous petition is closed.
