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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Chinnadurai ... Petitioner vs.

1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai District

2.The Inspector of Police, Ammaianaickanur Police Station, Dindigul. Crime No.17/2025 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st respondent to issue passport to the petitioner by based on the petitioner's application in Application No. ARN 261051013375 dated 24.01.2026 within the stipulated time fixed by this Court.

For Petitioner :Mr.A.Arputhraj For R1 :Mr.P.Murugan Central Govt. Standing Counsel For R2 :Mr.M.Vaikkam Karunanithi Government Advocate (crl.side)

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O R D E R

The petitioner is before this Court seeking for issuance of Writ of Mandamus, to direct the 1st respondent to issue passport to the petitioner by based on the petitioner's application in Application No. ARN 261051013375 dated 24.01.2026 within the stipulated time fixed by this Court.

2.The grievance of the petitioner is that, though an application has been submitted for issuance of passport, the same has not been processed by the first respondent. According to the petitioner, the application has been kept pending on the ground that criminal cases have been registered against him.

3. Mr.M.Vaikam Karunanithi, learned Government Advocate (Criminal Side) appearing for the second respondent, on instructions, submitted that a criminal case has been registered against the petitioner in Crime No.17 of 2022.

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. Accordingly, the writ petition is disposed of directing the first respondent to process the petitioner's passport application in Application No. ARN 261051013375 dated 24.01.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria. The above exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. No costs.