The refusal to issue a passport under Section 6 of the Passports Act, 1967, requires the existence of pending criminal proceedings before a competent court and cannot be justified by mere registration of an FIR.

O R D E R

The petitioner is before this Court seeking issuance of a Writ of Mandamus directing the first respondent to issue a passport based on the petitioner’s application in File No. MD3065754364325 dated

10.10.2025.

2. The grievance of the petitioner is that, though an application has been submitted for issuance of a fresh 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 a criminal case has been registered against him.

3. Mr. M. Vaikkam 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.228 of 2011.

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 said 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 first respondent for withholding the petitioner’s application 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 Passports Act, 1967. The statutory bar would arise 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 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 merit in the contention raised by the petitioner.

9. Accordingly, the writ petition is allowed and the first respondent is directed to process the petitioner’s application for issuance of a fresh passport bearing File No. MD3065754364325 dated 10.10.2025 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.

11. There shall be no order as to costs.