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2026 Supreme(Online)(Mad) 44297
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Adaikalaraj – Appellant
Versus
Regional Passport Officer – Respondent
W.P.(MD)No.13518 of 2026
For the Appellants/Petitioners: A. Senthilkumar
For the Respondents: B. Deepa, M. Vaikkam Karunanithi
Mere registration of an FIR does not constitute pending criminal proceedings under Section 6 of the Passports Act, 1967, and cannot serve as legal grounds to withhold the issuance or renewal of a passport.
Headnote:The case pertains to the refusal of the authorities to process a passport application due to the mere registration of an FIR against the applicant. The primary issue involved was whether the registration of an FIR qualifies as a pending criminal proceeding to invoke the bar under the Passports Act, 1967. The Court observed that section 6 of the Act stipulates that the refusal of a passport is contingent upon the pendency of criminal proceedings before a competent criminal court, and not merely the registration of an FIR. Regarding the interpretation of the legal framework, the Court emphasized that statutory restrictions on constitutional rights must be strictly construed. The ratio decidendi established that mere registration of a first information report does not amount to pendency of criminal proceedings within the meaning of the Act. Consequently, withholding an application solely due to an existing FIR is legally untenable. In conclusion, the Court allowed the writ petition, directing the authorities to process and issue the passport within four weeks, provided the applicant satisfies all other eligible criteria.
| Table of Content |
|---|
| 1. summary of facts regarding the contested passport application due to a pending fir. (Para 1 , 2 , 3 , 4) |
| 2. interpretation of section 6 of the passports act regarding the difference between an fir and pending criminal proceedings. (Para 5 , 6 , 7) |
| 3. final direction to the authorities to process the passport application. (Para 8) |
ORDER
The petitioner is before this Court seeking a direction to respondents
1 and 2 to reissue the passport pursuant to the application in File No.TR1076696512826 dated 17.04.2026.
2.The application submitted by the petitioner for re-issuance of passport has not been processed on the ground that a criminal case has been registered against the petitioner in Crime No.1180 of 2022.
3. Mr.M.Vaikkam Karunanithi, learned Government Advocate (Criminal Side) appearing for the third respondent, on instructions, submitted that a criminal case has been registered against the petitioner.
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 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.
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 registration of the 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 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 File No.TR1076696512826 dated 17.04.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria prescribed under law.
9. The above exercise shall be completed within a period of four (4)
weeks from the date of receipt of a copy of this order.
10. There shall be no order as to costs.
