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CDJ 2026 MHC 2565 print Preview print Next print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P.(MD). No. 10434 of 2026
Judges: THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR
Parties : Sugapriya Versus The Regional Passport Officer, Regional Passport Office, Madurai & Others
Appearing Advocates : For the Petitioner: R. Vignesh, Advocate. For the Respondents: R1, I. Sekar, Central Government Standing Counsel, R2 & R3, M. Vaikkam Karunanithi, Government Advocate (Crl.Side).
Date of Judgment : 15-04-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Passports Act, 1967
- Section 6 of the Act

2. Catch Words:
- Show cause notice
- FIR
- Passport renewal
- Section 6
- Criminal proceedings

3. Summary:
The petitioner challenged a show‑cause notice dated 20‑03‑2026 issued by the Passport Office, which sought his appearance before an Enquiry Officer due to an adverse police report. The respondents relied on the registration of FIRs (Crimes Nos. 700 of 2024 and 344 of 2025) to withhold passport renewal. The Court examined the provisions of the Passports Act, 1967 and held that Section 6 permits refusal only when criminal proceedings are pending before a competent court, not merely on FIR registration. Consequently, the Court found the respondents’ action contrary to the Act. The petition was allowed, directing the respondent to process the fresh passport application within four weeks, subject to other eligibility criteria. No costs were awarded.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned letter issued by the 1st respondent vide proceeding Ref No SCN/1054257710/26 dated 20.03.2026 and quash the same and consequently, to direct the 1st respondent to issue a fresh passport based on renewal application submitted by the petitioner vide Application No MD1066494917326 dated 04.03.2026 within a stipulated period that may be fixed by the this Court.)

1. The petitioner is before this Court challenging the show cause notice dated 20.03.2026 issued by the first respondent.

2. By the said notice, the petitioner has been called upon to appear in person and submit relevant documents before the Enquiry Officer at the Passport Office in connection with an adverse report received from the respondent Police.

3. Mr. M. Vaikkam Karunanithi, learned Government Advocate (Criminal Side) appearing for the respondents 2 and 3, on instructions, submitted that a criminal case has been registered against the petitioner in Crime Nos.700 of 2024 and 344 of 2025.

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 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 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 the 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 petitioner’s contention.

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. MD1066494917326 dated 04.03.2026 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.
 
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