Madras High Court

WP(MD)/30438/2026 of Farveen Fathima Vs The Regional Passport Office on 23 October 2026

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WP(MD) No. 30438 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 23-10-2026

CORAM

THE HON'BLE MR JUSTICE G.R.SWAMINATHAN

WP(MD) No. 30438 of 2026

CNR:{HCMD011532362026}

Farveen Fathima

..Petitioner(s)

Vs

1. The Regional Passport Officer,

Office of the Regional Passport Office,

Bharathi Ula Veethi,

Race Course Road, Madurai - 625 002.

2. The Inspector of Police,

Pandalgudi Police Station,

Virudhunagar District.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to Re issue the passport by processing the petitioner’s passport application bearing No. MD1074976124526 dated 24.08.2026 on accordance with law and on the basis of the petitioner’s explanation dated 16.10.2026 within such time as may be stipulated period fixed by this Court.

For Petitioner

:Mr.N.Thamimulansari

For R1

:Mr.B.Satheesh Kumar

Central Government Standing Counsel

For R2

:Mr.C.Christopher

Additional Public Prosecutor

WP(MD) No. 30438 of 2026

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ORDER

Heard both sides.

2. The petitioner seeks issuance of passport. He has submitted an application before the jurisdictional passport officer. Apprehending that it may not be processed in view of his involvement in a criminal case, the present writ petition came to be filed.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the criminal case registered against the petitioner is pending at the FIR stage.

4. It is well settled that when the case is pending only at the FIR stage, there is no impediment for the Regional Passport Officer to grant relief.

5. The petitioner has to appear before the jurisdictional police and file an affidavit indicating his contact details. The petitioner apart from furnishing his residential address, must also give his WhatsApp mobile number, e-mail ID, etc. This is because, if any adverse final report is filed and the same is also taken on file by the jurisdictional criminal court, it

WP(MD) No. 30438 of 2026 should be possible to serve summons on the petitioner with the available details. The petitioner shall give an undertaking that the prosecution initiated against him will not be stalled on account of his absence from India. He should undertake that summons can be served on him through E-mail/WhatsApp. If necessary, the petitioner will have to execute a special vakalat in future so that he can be represented by his counsel in the proceedings in terms of Section 205 of Cr.P.C.

6. Upon the passport authority being satisfied that such an undertaking affidavit has been filed before the jurisdictional police, the jurisdictional Regional Passport Officer shall process the petition- mentioned application and issue passport subject to fulfilment of the other usual formalities. This writ petition is allowed on these terms. No costs. 23-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To

1. The Inspector of Police, Pandalgudi Police Station, Virudhunagar District.

WP(MD) No. 30438 of 2026 G.R.SWAMINATHAN, J. cmr WP(MD) No. 30438 of 2026 23-10-2026

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