[Cites 3, Cited by 0]
Madras High Court
Sugapriya vs The Regional Passport Officer on 15 April, 2026
W.P.(MD)No.10434 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.04.2026
CORAM
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.P.(MD)No.10434 of 2026
Sugapriya ... Petitioner
vs.
1.The Regional Passport Officer,
Regional Passport Office,
Bharathi Ula Veethi,
Race Course Road,
Madurai - 2.
2.The Commissioner of Police,
O/o. the Commissioner of Police,
1/165, Alagar Kovil Road,
Madurai District.
3.State Rep Through its
The Inspector of Police,
Thallakulam Police Station,
Madurai. ... 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 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
1/6
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W.P.(MD)No.10434 of 2026
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.
For Petitioner :Mr.R.Vignesh
For R1 :Mr.I.Sekar
Central Government Standing Counsel
For R2 and R3 :Mr.M.Vaikkam Karunanithi
Government Advocate (crl.side)
*****
ORDER
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.
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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
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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.
12. The above exercise shall be completed within a period of four
(4) weeks from the date of receipt of a copy of this order.
13. There shall be no order as to costs.
Index :Yes / No 15.04.2026
Internet :Yes / No
NCC :Yes / No
cmr
https://www.mhc.tn.gov.in/judis
To
1.The Commissioner of Police,
O/o. the Commissioner of Police,
1/165, Alagar Kovil Road,
Madurai District.
2.The Inspector of Police,
Thallakulam Police Station,
Madurai.
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HEMANT CHANDANGOUDAR, J.
cmr
15.04.2026
https://www.mhc.tn.gov.in/judis
