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

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Madras HC
2025
V.Vetrivel Vs the Regional Passport OfficerV.Vetrivel v. the Regional Passport Officer

Disposed¶30

V.Vetrivel v. the Regional Passport Officer

Mandamus – Passport renewal – Refusal citing adverse police report

Madras HC13 Feb 2025WP/4798/2025

Case brief

AI extract

What is this about?

Madras High Court writ petition (W.P.No.4798 of 2025, decided 13.02.2025, Justice D.Bharatha Chakravarthy): petitioner V.Vetrivel sought a writ of mandamus under Article 226 of the Constitution directing issuance/renewal of his passport (application dated 06.02.2024, file MA4076229417724), refused because of an adverse police report traceable to FIR Crime No.189 of 2017 under Sections 279, 337 and 304A IPC (Puduchatram Police Station, Cuddalore). Court held the E-Court status entry showing C.C.No.100005 of 2018 cannot be correct, accepted that the case is still under investigation, applied the Government of India directions that FIR-stage cases are not criminal cases for passport issuance, set aside the impugned communication dated 06.02.2024, and directed the Regional Passport Officer, Chennai to process the file and renew the passport within four weeks; no order as to costs. Advocates: J.N.Naresh Kumar (petitioner); A.Sri Jayanthi (R1); C.E.Pratap, Government Advocate (Crl. Side) (R2).

What did the court decide?

Impugned communication dated 06.02.2024 set aside; respondents directed to process the file and renew the passport within four weeks; no order as to costs. ¶30

Why is it important?

The E-Court status entry showing the case as taken on file as C.C.No.100005 of 2018 cannot be correct, the name of the court is not properly mentioned, and the instructions that the case is still under investigation appear to be correct. ¶29

What the court decided

AI extract

Outcome

Impugned communication dated 06.02.2024 set aside; respondents directed to process the file and renew the passport within four weeks; no order as to costs.

Issue for consideration

Whether the respondents should be directed to take steps to issue/renew the petitioner's passport (application dated 06.02.2024) despite the adverse police report arising from FIR Crime No.189 of 2017.

Court's answer

The E-Court status entry showing the case as taken on file as C.C.No.100005 of 2018 cannot be correct, the name of the court is not properly mentioned, and the instructions that the case is still under investigation appear to be correct.

Ratio / Principle

Consistent with the Government of India directions, a case remaining at the F.I.R/investigation stage is not a criminal case barring issue of the passport.

Key takeaways

The impugned communication dated 06.02.2024 shall stand set aside; the respondent authorities shall process the file and renew the passport in the manner known to law, completing the exercise within four weeks of receipt/production of a web-copy of the order without waiting for a certified copy.ratio¶30

Detailed headnote1 paragraphs

Mandamus - Passport renewal - Refusal citing adverse police report - FIR Crime No.189 of 2017 (Ss.279, 337, 304A IPC) still under investigation; E-Court status showing C.C.No.100005 of 2018 held incorrect - Per Government of India directions, a case merely at the F.I.R stage is not a criminal case and the passport must be issued - Impugned communication dated 06.02.2024 set aside; Regional Passport Officer directed to process the file and renew the passport within four weeks (W.P.No.4798 of 2025, decided 13.02.2025, High Court of Judicature at Madras, D.Bharatha Chakravarthy, J.).

A

W.P.No.4798 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.4798 of 2025

V.Vetrivel

.. Petitioner

Versus

The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

The Inspector of Police, Puduchatram Police Station, Puduchatram, Cuddalore. .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to take steps to issue passport in respect of the application with the file no.MA4076229417724, dated 06.02.2024.

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W.P.No.4798 of 2025

For Petitioner : Mr.J.N.Naresh Kumar

For Respondents : Mrs.A.Sri Jayanthi, for R1

: Dr.C.E.Pratap, Government Advocate (Crl. Side), for R2

ORDER

This Writ Petition is filed for a direction to the respondents to take steps to issue passport in respect of the application, dated 06.02.2024.

The grievance of the petitioner is that when the petitioner submitted

an application for renewal of his passport, the communication now impugned in the Writ Petition is issued which is dated 06.02.2024. As per

the said communication, since the respondents have received an adverse

Police Report, the passport is not being renewed.

On a perusal of the communication, it can be seen that a First

Information Report, in Crime No.189 of 2017 for the offences under Section

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W.P.No.4798 of 2025

279, 337 and 304A of the Indian Penal Code was registered. Already, the Government of India issued directions that if the case is only at the F.I.R stage, the same cannot be considered as a Criminal Case and directed issue of passport in such cases. This Court also passed several orders. It is mentioned in the E-Court status as if the case is now taken on file as C.C.No.100005 of 2018. That cannot be correct. The name of the Court is also not properly mentioned. Therefore, the instructions, given to the learned Public Prosecutor that the case is still under investigation appears to be correct.

In view thereof, this Writ Petition is disposed of. The impugned communication, dated 06.02.2024 shall stand set aside. The respondent authorities shall process the file and renew the passport in the manner known to law. The said exercise shall be completed within a period of four weeks

from the date of receipt/production of a web-copy of this order without

waiting for a certified copy of this order. There shall be no order as to costs.

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W.P.No.4798 of 2025

13.02.2025

Neutral Citation : no grs

To

The Regional Passport Officer, Regional Passport Office, Chennai Royala Towers, No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai - 600 002.

The Inspector of Police, Puduchatram Police Station, Puduchatram, Cuddalore.

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W.P.No.4798 of 2025

D.BHARATHA CHAKRAVARTHY, J.

grs

W.P.No.4798 of 2025

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W.P.No.4798 of 2025

13.02.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondents should be directed to take steps to issue/renew the petitioner's passport (application dated 06.02.2024) despite the adverse police report arising from FIR Crime No.189 of 2017.¶19
The court held
The E-Court status entry showing the case as taken on file as C.C.No.100005 of 2018 cannot be correct, the name of the court is not properly mentioned, and the instructions that the case is still under investigation appear to be correct.ratio¶29

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶11
Indian Penal Code279, 337 and 304A¶29

Procedural history

How this case reached the court

AI extract

Order under challenge
Communication dated 06.02.2024 declining renewal of the petitioner's passport on account of an adverse Police Report received by the respondents.¶21
06.02.2024
Prior proceeding
First Information Report registered in Crime No.189 of 2017 for offences under Sections 279, 337 and 304A of the Indian Penal Code.¶25
Prior proceeding
Government of India directions: where a case is only at the F.I.R stage it cannot be considered a Criminal Case and the passport is to be issued in such cases.¶29
Prior proceeding
This Court had earlier passed several orders on such passport matters.¶29
Prior proceeding
E-Court status indicated the case had been taken on file as C.C.No.100005 of 2018, which the court found cannot be correct; the instructions that the case is still under investigation were accepted as correct.¶29

Parties & counsel

AI extract

petitioner
V.Vetrivel¶7
J.N.Naresh Kumar
respondent
The Regional Passport Officer, Regional Passport Office, Chennai¶10
A.Sri Jayanthi
respondent
The Inspector of Police, Puduchatram Police Station, Puduchatram, Cuddalore¶11
C.E.Pratap

Coram

AI extract

D.BHARATHA CHAKRAVARTHYauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 13 Feb 2025 · February
Registered: 10 Feb 2025
Case no.: WP/4798/2025
CNR: HCMA010029722025
Topic: Writ and Judicial Review
Bench: D.bharatha Chakravarthy
Disposal: DISPOSED OF
Case type: W.P.

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Cite this judgement

V.Vetrivel v. the Regional Passport Officer, WP/4798/2025 (MAD), decided on 13 February 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 226
Indian Penal Code279, 337 and 304A

View all statutes

Procedural history5

Communication dated 06.02.2024 declining renewal of the petitioner's passport on account of an adverse Police Report received by the respondents.06.02.2024
First Information Report registered in Crime No.189 of 2017 for offences under Sections 279, 337 and 304A of the Indian Penal Code.
Government of India directions: where a case is only at the F.I.R stage it cannot be considered a Criminal Case and the passport is to be issued in such cases.

View full history

Bench / Coram

D.BHARATHA CHAKRAVARTHY

Parties & counsel