Disposed¶30

Krishnamoorthi v. the Regional Passport Officer

Madras HC6 Jun 2025WP/20265/2025

Case brief

AI extract

What is this about?

Passport denial due to pending FIR - Madras High Court holds mere registration of an FIR is not a 'case pending' and cannot be a ground to refuse a passport; Regional Passport Officer, Tiruchirapalli directed to process application dated 22.04.2025 (No. TR2064965771725) and issue passport within four weeks if other requirements met; FIR Crime No.58 of 2021, V.Kalathur Police Station, Perambalur District; writ of Mandamus under Article 226 of Constitution of India; single judge N. Anand Venkatesh; decided 06-06-2025; petition disposed of, no costs.

What did the court decide?

Direction to the 1st respondent (Regional Passport Officer) to process the petitioner's passport application and issue the passport within four weeks, subject to satisfaction of all other requirements, notwithstanding the mere registration of the FIR. ¶30

Krishnamoorthi Vs the Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the mere registration of an FIR pending against the petitioner can be treated as a ground (or as a 'case pending') to deny issuance of a passport to him.

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Court's answer

Mere registration of an FIR cannot be a ground for issuance of a passport and cannot be construed as a case pending; therefore the FIR pending against the petitioner cannot be a ground to deny issuance of passport to him.

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Ratio / Principle

The 1st respondent was directed to process the application and issue the passport if the petitioner has satisfied all other requirements; the mere registration of the FIR should not be put against the petitioner, and the process shall be completed within four weeks from receipt of a copy of the order.

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Detailed headnote1 paragraphs

High Court of Judicature at Madras (N. Anand Venkatesh, J.), disposing of WP No. 20265 of 2025 on 06-06-2025: The petitioner, Krishnamoorthi, filed a writ petition under Article 226 of Constitution of India seeking a writ of Mandamus directing the Regional Passport Officer, Tiruchirapalli (1st respondent) to act upon his passport application dated 22.04.2025 (Application No. TR2064965771725). The application had not been processed because an FIR in Crime No.58 of 2021 was pending against the petitioner on the file of the Inspector of Police, V.Kalathur Police Station (2nd respondent); the investigation was complete and the police report was yet to be taken on file. Holding that it is now too well settled that the mere registration of an FIR cannot be a ground for issuance of a passport and cannot be construed as a case pending, the Court directed the 1st respondent to process the application and issue the passport if all other requirements were satisfied, completing the process within four weeks from receipt of a copy of the order. The writ petition was disposed of with the above directions; no costs.

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WP No. 20265 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-06-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

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WP No. 20265 of 2025

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KRISHNAMOORTHI S/o Rengasamy, Kattukottakai, Velluvadi, Kariyanur Post, Veppanthattai Taluk, Perambalur District 621 117

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Petitioner(s)

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The Regional Passport Officer Regional Passport Office, New Municipal Complex, Thillainagar, 7th Cross, Tiruchirapalli 620 018

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2.The Inspector Of Police V.Kalathur Police Station, Perambalur District

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Respondent(s)

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PRAYER

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Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 1st Respondent to issue a passport to the petitioner,

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https://www.mhc.tn.gov.in/judis

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WP No. 20265 of 2025

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by considering his Application No TR2064965771725 dated 22.04.2025, within the time limit to be stipulated by this Court.

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For Petitioner(s): Mr.M. Vijayaragavan For Respondent(s): Mr.R.Subramanian Additional Central Government Standing Counsel for R1 Mr.Leonard Arul Joseph Selvam Government Advocate [Crl. Side] for R2

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ORDER

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This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to act upon the application submitted by the petitioner dated 22.04.2025 wherein the petitioner is seeking for issuance of passport in his name.

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Heard Mr.M. Vijayaragavan, learned counsel for the petitioner and Mr.R.Subramanian, learned Additional Central Government Standing Counsel for 1st respondent and Mr.Leonard Arul Joseph Selvam, learned Government Advocate [Crl. Side] for 2nd respondent.

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The 1st respondent has not processed the application given by the petitioner on the ground that an FIR is pending against the petitioner in Crime No.58 of 2021 on the file of the 2nd respondent.

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https://www.mhc.tn.gov.in/judis

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WP No. 20265 of 2025

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nd 4. The learned Government Advocate appearing on behalf of the 2 respondent submitted that the investigation has been completed and the police report is yet to be taken on file.

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It is now too well settled that the mere registration of the FIR

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cannot be a ground for issuance of passport and it cannot be construed as a case pending. Therefore, the FIR pending against the petitioner cannot be a ground to deny issuance of passport to the petitioner.

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In the light of the above discussion, there shall be a direction to the

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1st respondent to process the application and issue the passport to the petitioner, if he has satisfied all the other requirements. The mere registration of the FIR should not be put against the petitioner. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order.

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