IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
C.Subramanian – Appellant
Versus
The Regional Passport Officer – Respondent
W.P.(MD)No.10334 of 2026
| Table of Content |
|---|
| 1. petitioner's passport renewal delayed due to fir. (Para 2 , 3) |
| 2. respondent confirms pending criminal case. (Para 4 , 5) |
| 3. fir alone insufficient for passport refusal under section 6. (Para 6 , 7 , 8) |
| 4. mandamus issued to process renewal within four weeks. (Para 9 , 10) |
ORDER
Mr.A.Veluchamy, learned Central Government Standing Counsel takes notice for the respnodent.
2. The petitioner is before this Court seeking for a direction to the respondent No.1 to renew the passport bearing File No.Z3515533 pursuant to the online application dated 10.03.2026 submitted by the petitioner.
3. The grievance of the petitioner is that, though he has submitted an application for issuance of passport, the same has not been processed by the respondent. According to the petitioner, the application has been kept pending on the ground that criminal case has been registered against him. in Crime No.283 of 2022.
4. Mr. A.Veluchamy, learned Central Government Standing Counsel appearing for the respondent, on receiving instructions, submitted that a criminal case has been pending against the petitioner.
5. Heard the learned counsel appearing on either side and perused the materials available on record.
6. 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 on the grounds 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 competent criminal court in India.
7. In the present case, the only reason cited by the respondent is the registration of FIR against the petitioner. However, mere registration of 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.
8. Therefore, the action of the respondent in withholding the petitioner’s application solely on the basis of the registration of FIR is not in consonance with the provisions of the Passports Act, 1967.
9. In view of the above, this Court finds merit in the petitioner’s contention.
10. Accordingly, the writ petition is allowed, and the respondent is directed to process the petitioner’s application for renewal of passport in File No.Z3515533 dated 10.03.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria prescribed under law. 11. The above exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.
12. There shall be no orders as to costs.
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