Vishnu v. The Regional Passport Officer

O R D E R The petitioner is before this Court challenging the show cause notice dated 13.03.2026 issued by the first respondent.

¶2By 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 second respondent.

¶3The petitioner's application for issuance of passport has not been processed on the ground that a criminal case has been registered against her in Crime No.367 of 2022.

¶4Heard the learned counsel appearing on either side and perused the materials available on record.

¶5The 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.

¶6In the present case, the only reason cited by the first respondent 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.

¶7Therefore, 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.

¶8In view of the above, this Court finds that the impugned show cause notice is not legally sustainable.

¶9Accordingly, the writ petition is allowed and the show cause notice dated 13.03.2026 issued by the first respondent is set aside. The first respondent is directed to process the petitioner's application dated

22.01.2026 and issue the passport, subject to the petitioner satisfying all other eligibility criteria.

¶10The 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. Consequently, connected miscellaneous petition is closed.

Index :Yes / No

22.06.2026 NCC :Yes / No cmr To The Inspector of Police, Peralam Police Station, Thiruvarur District.

HEMANT CHANDANGOUDAR, J.

cmr

22.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.(MD)No.12675 of 2026 Vishnu ... Petitioner vs. 1.The Regional Passport Officer, Regional Passport Office, New Municipal Complex, 7th Cross, Tiruchirappalli, Trichy District. 2.The Inspector of Police, Peralam Police Station, Thiruvarur District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the letter dated 13.03.2026 in File No. TR1066275808126, Letter Ref.No OBJ/1054153976/26 issued by the 1st respondent and quash the same and consequently, to direct to the 1st respondent to issue fresh passport to the petitioner on his application No. TR1066275808126 dated on 22.01.2026 within the period that may be stipulated by this Court. For Petitioner :Mr.V.G.Vallarasu Chezhian For R1 :Mr.A.Muthuramalingam Central Government Standing Counsel For R2 :Mr.R.Mohamed Riyaz Government Advocate (Crl.side) *****