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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-09-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CNR: {HCMA012283392026}

D.Ishwarya ..Petitioner(s)

Vs

1.Regional Passport Officer, Chennai Royala Towers, No.2 and 3, IV Floor, old No.785, New No.158, Anna Salai, Chennai 600 002.

2.Pravasi Bharatiya Sahayata Kendra (PBSK)

Consulate General of India, Dubai A1, Hamriya Diplomatic Enclave, Post Box No.737, Dubai, UAE.

3.The Inspector of Police, Karuveppilankurichi, Police Station, Cuddalore District.

..Respondent(s)

PRAYER: This writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondent to renew the petitioner’s husband Mr.Durai Murugan Passport bearing N8986029 based on the petitioner’s representation dated 17.09.2026.

For Petitioner(s): Mr.M.Selvam For Respondent(s): Mr.A.Poorna Chandran Central Government Counsel for R1 Mr.Durai Gunasekaran Government Advocate (Crl side) for R3

ORDER

The prayer in this Writ Petition is for a mandamus directing the respondents to renew the petitioner's husband passport bearing No.N8986029, based on the petitioner’s representation dated 17.09.2026.

2. When the matter was taken up for hearing, the learned Central Government Counsel appearing for the 1^st respondent would submit that upon receipt of an adverse police report, the same was not renewed.

3. The learned Government Advocate (Criminal side) appearing for the

3^rd respondent would submit that a First Information Report (FIR) in Crime No.121 of 2024 for an alleged offences under Sections 294(b), 323, 352, 354 and 506(1) of IPC was pending investigation. He further stated that the investigation is now completed and the charge sheet was filed before the learned Judicial Magistrate – II, Viruthachalam on 01.06.2026.

4. I have considered the rival submissions made on either side and perused the material records of the case.

5. The issue has now been settled by the Full Bench of this Court in Jawahar Rajan Vs. Regional Passport Officer and another (2026) SCC Online Mad 1208.

6. In view of the said judgment, once the final report is taken on file by the learned Judicial Magistrate, the petitioner’s husband shall obtain permission from the concerned Court even for the renewal / reissue of the passport. As the passport is said to have already expired, the Petitioner's husband is permitted to travel to India to seek necessary permission from the learned Judicial Magistrate. Consequently, a copy of this order shall be marked to the learned Judicial Magistrate II, Viruthachalam Taluk, Cuddalore District, within a period of one week from the date of receipt of a web copy of this order.

7. The learned Judicial Magistrate -II, Viruthachalam shall consider the final report filed by the Police and if it is found to be in order, take the same on file.

8. If the final report is taken on file, the petitioner’s husband shall immediately file an application before the concerned Court for permission to renew the passport. Upon such an application being made, the Trial Court shall pass orders within a period of 3 weeks from the date of the application. Depending on the permission granted, the application for renewal shall be proceeded with by the 1^st respondent.

9. Considering the same, if the Trial Court does not take cognizance of the final report, the petitioner shall make a fresh representation to the 1^st respondent. It has been settled by the Hon’ble Full Bench of this Court that the mere pendency of an FIR cannot be treated as a pending criminal case for the purpose of denying the issuance or renewal of a passport. Since the petitioner’s husband is currently in Dubai, the 1^st respondent authority shall proceed to process the renewal application despite the pendency of the FIR, and issue the passport. The authority shall do the needful to extend a helping hand to the individual, who is earning a livelihood by working abroad, and consider the renewal at