Abbas Mohamed Hameed v. The Regional Passport Officer
Passport – re-issue – adverse police verification report – writ of mandamus under Article 226 of the Constitution of India
Case brief
What is this about?
Madras High Court, WP No. 4721 of 2026, decided 16-02-2026 by P.T. Asha, J. Mandamus under Article 226 for re-issue of passport withheld by the Regional Passport Officer, Coimbatore on the ground of adverse police verification report relating to FIR Crime Nos.238 of 2020, 235 of 2022 and STC.No.2180 of 2024 (arising from FIR Crime No.369 of 2023, pending trial). Held, following Mahesh Kumar Agarwal Vs. Union of India, 2025 INSC 1476, that denial of passport under Section 6 (2) (f) of the Passports Act is erroneous; the passport issuing authority is bound to issue the passport and has no power to deny issuance; permission to travel abroad must be obtained from the trial court (Judicial Magistrate VII, Coimbatore). Petition allowed, no costs.
What did the court decide?
Writ of mandamus issued; the 1st respondent (Regional Passport Officer) directed to re-issue the petitioner's passport after following due procedures, subject to the petitioner obtaining permission from the learned Judicial Magistrate VII, Coimbatore (where STC.No.2180 of 2024 is pending) for travelling abroad. No costs.