Mere FIR registration does not bar passport issuance under Section 6 of Passports Act, 1967; requires pending court proceedings.

ORDER

The petitioner is before this Court seeking for a direction to the first respondent to reissue passport pursuant to the application in ARN.No.

26-1054960151 dated 15.03.2026.

2. The petitioner's application for re-issuance of passport has not been processed citing the registration of FIR in Crime No.627 of 2025.

3. Learned counsel for the petitioner states that the registration of the FIR has been challenged before this Court in Crl.O.P(MD)No.22807 of 2025. This Court has directed the police not to file final report. As of today, no criminal case is pending against the petitioner in any court.

4. Mr.M.Vaikkam Karunanithi, learned Government Advocate (Criminal Side), appearing for the respondent Nos.2 and 3, on receiving instructions, submitted that a criminal case has been registered 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 respondents 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 first 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. Accordingly, the Writ Petition is disposed of by directing the first respondent to process the petitioner’s application for renewal of passport in ARN.No.26-1054960151 dated 15.03.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria prescribed under law.

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. There shall be no order as to costs.