Mere registration of an FIR does not constitute 'pending criminal proceedings' under Section 6 of the Passports Act, 1967; thus, it is not a valid ground for a Passport Authority to refuse the issuance or renewal of a passport.

ORDER

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

No.TR2066606411426 dated 26.03.2026.

2. The application submitted by the petitioner for issuance of passport has not been processed citing a criminal case was registered in Crime No.102 of 2026.

3. Mr.M.Vaikkam Karunanithi, learned Government Advocate (Criminal Side), appearing for the respondent No.2, on receiving 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 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.

7. 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.

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.TR2066606411426 dated 26.03.2026 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.