A passport can be renewed despite pending criminal case; prior court permission is only needed for actual travel abroad.

ORDER

This writ petition has been filed to direct the 1^st respondent to renew the passport of the petitioner’s son named Mr.Selvam, bearing No.P1095974, based on the petitioner’s representation dated 02.04.2026.

2.The petitioner states that his son Selvam’s passport bearing No.P1095974 is expiring on 14.05.2026 and therefore, he applied for renewal of his passport on 08.03.2026 vide Application No.26-2001455197 through Passport Online Portal. The respondent, while processing the application, on Police verification, has found that a criminal case pending as against the petitioner’s son in Crime No.573 of 2015 on the file of the Viruthachalam Police Station and hence, the passport has not been renewed. However, charge sheet has not been filed in the said criminal case. Since the petitioner’s son is now in Kuwait, the petitioner made a representation to the 1^st respondent on 02.04.2026 seeking renewal of passport of the petitioner. However, the same did not evoke any response. Therefore, the petitioner has come forward with the present writ petition.

3.Learned counsel for the petitioner would submit that, mere pendency of a criminal case is not a bar for renewal of passport. The issue involved in the present writ petition is no longer res integra and the similar issue has already been decided by the Hon'ble First Bench of this Court in W.A.No.902 of 2023, dated 02.06.2023, wherein, this Court held that mere pendency of the criminal case is not a bar for renewal of the passport. If the person wants to travel abroad, he has to get necessary permission from the Court, where the criminal case is pending.

4.Mr.S.Sivakumar, learned counsel who takes notice for the 1^st respondent and Mr.V.Meghanathan, learned Government Advocate (Crl. Side) who takes notice for the 2^nd respondent, submitted that, since a criminal case is pending, the Police verification report was marked as adverse and therefore, the passport renewal was refused.

5.Heard both sides and perused the materials available on record.

6.The issue is squarely covered by the decision of the Hon’ble First Bench in W.A.No.902 of 2023, dated 02.06.2023. The relevant paragraphs are extracted hereunder :

''5. A Division Bench of the Bombay High Court, in the case of Abbas Hatimbhai Kagalwala v. State of Maharashtra and another, 2022 SCC OnLine Bom 1992 , to which one of us (S.V.Gangapurwala, CJ.) was a party, has followed the judgment of the Apex Court in the case of Vangala Kasturi Rangacharyulu, supra and directed the respondent therein to process the application of the petitioner for renewal of the passport.

6. The contention of learned counsel for the appellant that the first respondent cannot travel abroad without the permission of the Court where the criminal case is pending, would not be an impediment for the passport authority to consider the application for renewal of the passport. No doubt, if the first respondent has to travel abroad and the criminal case is pending, then unless the Magistrate or the Sessions Court where the criminal case is pending permits the first respondent to travel abroad, he cannot travel abroad.

7. In the light of the above, we pass the following order:

(i) The writ appellant shall process the application of the first respondent for renewal of passport without insisting for permission of the Court, where a criminal case is pending against the first respondent. If the first respondent is travelling abroad, then the first respondent would be required to seek permission from the Court where the criminal case is pending.

(ii) Decision shall be taken as above, within one month.''

7.Since the present issue is also one and the same, in the light of the above judgment of