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CDJ 2026 MHC 4552
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : W.P.(MD). No. 17449 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR |
| Parties : R. Rajesh Versus The Regional Passport Officer, Tiruchirappalli & Another |
| Appearing Advocates : For the Petitioner: A. Arun Prasad, Advocate. For the Respondents: R1, P. Murugesan, Central Govt. Standing Counsel. P. Mohamed Riyaz, Govt. Advocate (Crl. side). |
| Date of Judgment : 24-06-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Article 226 of the Constitution of India
- Passports Act, 1967
- Section 6 of the Passports Act, 1967
2. Catch Words:
Writ of Mandamus, passport, FIR, criminal proceedings, Section 6, Passports Act
3. Summary:
The petitioner filed a writ petition under Article 226 seeking a mandamus directing the passport authority to process his online passport application (TR1076689414826, dated 16‑04‑2026). The authority had withheld processing, citing a pending criminal case (Cr.No. 18 of 2017) and the registration of an FIR. The Court examined Section 6 of the Passports Act, 1967, which permits refusal of a passport only when criminal proceedings are pending before a competent court, not merely on FIR registration. Finding that the authority’s action was not authorized by the statute, the Court held in favour of the petitioner. The Court ordered the passport authority to process and issue the passport within four weeks, subject to compliance with other eligibility criteria, and awarded no costs.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's passport application in online application TR1076689414826 dated 16.04.2026 within time frame as fixed by this Court.)
1. The petitioner is before this Court seeking issuance of Writ of Mandamus directing the 1st respondent to consider the petitioner's passport application in online application TR1076689414826 dated 16.04.2026 within time frame as fixed by this Court.
2. The grievance of the petitioner is that, though an application has been submitted for issuance of a fresh passport, the same has not been processed by the first respondent. According to the petitioner, the application has been kept pending on the ground that a criminal case has been registered against him.
3. Mr. R. Mohamed Riyaz, learned Government Advocate (Criminal Side) appearing for the second respondent, on instructions, submitted that a criminal case has been registered against the petitioner in Cr.No.18 of 2017.
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. TR1076689414826 dated 16.04.2026 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. No costs.
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