Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 48543

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
G. Rajesh – Appellant
Versus
Regional Passport Officer – Respondent
W.P.(MD)No.15258 of 2026

Advocates:
For the Appellants/Petitioners: M. Alagan
For the Respondents: S. Satheeshkumar, R. Mohamed Riyaz

An applicant with a pending criminal case must secure prior permission from the jurisdictional trial court to obtain a passport, in compliance with the requirements of the Passports Act, 1967.

Headnote:The petitioner filed a writ petition seeking a mandamus to direct the issuance of a passport, which was withheld due to a pending criminal case. The court examined the relevant legal framework under the Passports Act, 1967, and relied on a prior Full Bench decision determining that passport issuance or renewal must be processed under similar conditions when criminal proceedings are pending. The court determined that compliance with judicial permission is a prerequisite for such processing. The core issue was whether the pending criminal case strictly prohibited the issuance of a passport. Relying on the ratio established in prior judicial precedents, the court reasoned that the petitioner must first seek and obtain formal permission from the jurisdictional trial court handling the criminal case before applying for or processing passport issuance. The writ petition was disposed of by granting leave to the petitioner to file an application before the jurisdictional court, with directions for the criminal court to resolve the request within four weeks.

Table of Content
1. petitioner seeks issuance of passport despite pending criminal proceedings. (Para 1 , 2)
2. granting liberty to seek jurisdictional court permission is mandatory for passport issuance during pending criminal litigation. (Para 3 , 4 , 5)

W.P.(MD)No.15258 of 2026

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 the passport based on the petitioner’s application in File No.TR2065252369225 on 27.06.2025.

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 to the petitioner based on the petitioner’s application bearing Application No. No.TR2065252369225 dated 27.06.2025.

2. The petitioner’s request for issuance of a passport has not been processed on the ground that a criminal case is pending against the petitioner before the Judicial Magistrate Court, Keeranur, in S.T.C. No. 56 of 2020.

3. The Hon’ble Full Bench of this Court in W.P.(MD) No. 26547 of 2025, while answering a reference as to whether the re-issue/renewal of a passport should be treated in the same manner as the issuance of a fresh passport or merely as a case of renewal, held that the re-issue/renewal of a passport must be treated in the same manner as the issuance of a fresh passport. However, liberty was granted to the petitioner therein to obtain prior permission from the concerned Court and submit the same along

with the passport application, as contemplated under the Passport Act, 1967.

4. In view of the above, this Writ Petition is disposed of granting liberty to the petitioner to approach the jurisdictional Court, where the criminal case is pending, and file an appropriate application seeking permission for issuance/renewal of the passport. If such an application is filed, the criminal Court concerned shall consider and pass appropriate orders within a period of four weeks from the date of filing of the application.

5. There shall be no order as to costs.

08.06.2026

Index :Yes / No
Internet :Yes / No
NCC :Yes / No
cmr

To
The Inspector of Police, Keeranur Police Station, Pudukkottai.

Click Here to Read the rest of this document

2026 Supreme(Online)(Mad) 48543

IN THE HIGH COURT OF JUDICATURE AT MADRASHemant Chandangoudar, JG. Rajesh – AppellantVersusRegional Passport Officer – RespondentW.P.(MD)No.15258 of 2026

An applicant with a pending criminal case must secure prior permission from the jurisdictional trial court to obtain a passport, in compliance with the requirements of the Passports Act, 1967.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
G. Rajesh – Appellant
Versus
Regional Passport Officer – Respondent
W.P.(MD)No.15258 of 2026