Madras High Court
Vinothkumar Ravi vs The Regional Passport Officer on 14 November, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
WP No. 43518 of 2025
DATED: 14-11-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI
WP No. 43518 of 2025
Vinothkumar Ravi
S/o. Ravi, No.13, Dr. Ambedkar Nagar,
1st Street, Vilankurichi,
Coimbatore - 641 035.
Petitioner(s)
Vs
1.The Regional Passport Officer
1st Floor, Corporation Commercial
Complex, Avinashi Road,
Coimbatore 641 018.
2.The Inspector Of Police
Peelamedu Police Station,
Coimbatore.
Respondent(s)
PRAYER
This Writ Petition is filed under Article 226 of the Constitution of India, seeking
for a Writ of Certiorarified Mandamus, to call for the records relating to the
impugned letter dated 24.07.2025 in File No. CB 1065291271725 on the file of
the 1st respondent herein, quash the same and consequently direct the 1st
respondent herein to issue Passport to the Petitioner within a stipulated period.
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WP No. 43518 of 2025
For Petitioner(s): Mr.K. Govi Ganesan
For Respondent(s): Mr.M.Sathyan, ACGSC for R1
Mr.S.Balaji,
Government Advocate (Crl. Side)
for R2
ORDER
This writ petition has been filed to call for the records relating to the
impugned letter dated 24.07.2025 in File No. CB 1065291271725 on the file of
st
the 1 respondent herein and to quash the same and consequently direct the
st
1 respondent herein to issue Passport to the Petitioner within a stipulated
period.
2.It is the case of the petitioner that the petitioner made application for
issuance of passport to the first respondent on 05.07.2025. On 24.07.2025 the
first respondent issued a show cause notice stating that the first respondent had
received an adverse police verification report stating that there is one criminal
case pending against the petitioner in Crime No.746/2021 for the offences under
Sections 294(b), 323 and 506(i) IPC, which is pending on the file of the
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2nd respondent and sought his explanation in this regard. Therefore, the
petitioner's application is kept pending without any progress and no final report
has been passed so far. Hence, the petitioner has filed the present writ petition
challenging the said impugned show cause notice dated 24.07.2025.
3. The learned counsel for the petitioner submitted that the issue involved
in the present Writ petition is no longer res integra and the similar issue has
already been decided by the Hon'ble First Bench of this Court in
WA. No.902/2023 dated 02.06.2023 wherein this Court held that mere pendency
of the criminal case is not a bar for renewal of the passport. If the person wants
to travel abroad, he has to get necessary permission from the Court, where the
criminal case is pending.
4. The learned counsel for the first respondent has not objected the
submissions made by the learned counsel for the petitioner.
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5. Heard both sides and perused the materials available on record.
6. Considering the fact that the petitioner has made application for
issuance of passport and the same is kept pending without any progress. In this
background, the learned counsel for the petitioner relied upon the decision
rendered by the Hon'ble First Bench of this Court in WA.902 of 2023 dated
02.06.2023.
7. This Court perused the judgment passed by this Court and the relevant
paragraphs are extracted herein;
''5. A Division Bench of the Bombay High
Court, in the case of Abbas Hatimbhai Kagalwala v.
State of Maharashtra and another, 2022 SCC OnLine
Bom 1992, to which one of us (S.V.Gangapurwala, CJ.)
was a party, has followed the judgment of the Apex Court
in the case of Vangala Kasturi Rangacharyulu, supra
and directed the respondent therein to process the
application of the petitioner for renewal of the passport.
6. The contention of learned counsel for the
appellant that the first respondent cannot travel abroad
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without the permission of the Court where the criminal
case is pending, would not be an impediment for the
passport authority to consider the application for renewal
of the passport. No doubt, if the first respondent has to
travel abroad and the criminal case is pending, then
unless the Magistrate or the Sessions Court where the
criminal case is pending permits the first respondent to
travel abroad, he cannot travel abroad.
7. In the light of the above, we pass the
following order:
(i) The writ appellant shall process the
application of the first respondent for renewal of passport
without insisting for permission of the Court, where a
criminal case is pending against the first respondent. If
the first respondent is travelling abroad, then the first
respondent would be required to seek permission from
the Court where the criminal case is pending.
(ii) Decision shall be taken as above, within
one month.''
8. In the present case, it is the specific case of the petitioner that only an
FIR has been registered against the petitioner and it has not resulted in the Court
taking cognizance of the offence. In such view of the matter, complying the
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ratio laid down by the Hon'ble First Bench of this Court in WA.902 of 2023, this
Court passes the following order:
''(i) The impugned show cause notice issued by the first
respondent is set aside and the first respondent is directed to process
the application of the petitioner without insisting the permission of
the Court, as there is no criminal case pending against the petitioner
before any Court.
(ii) If the petitioner wants to travel abroad, the petitioner would
be required to seek permission from the Court where the case is
pending or from this Court, if no case as yet has been filed, by filing
appropriate application.”
9. With the above observations and directions, the writ petition is
allowed. No costs.
14-11-2025
Tsg
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
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Neutral Citation:Yes/No
To
1.The Regional Passport Officer
st
1 Floor, Corporation Commercial
Complex, Avinashi Road,
Coimbatore 641 018.
2.The Inspector Of Police
Peelamedu Police Station,
Coimbatore.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/11/2025 08:27:33 pm )
M.DHANDAPANI J.
Tsg
14-11-2025
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