Madras High Court

WP/43805/2026 of Mr.VIJAY Vs THE REGIONAL PASSPORT OFFICER on 2 November 2026

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WP No. 43805 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-11-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 43805 of 2026

CNR:{HCMA012388982026}

Mr.VIJAY

S/o.Elumalai,

No.84/253,Mariyamman Koil,2nd Street,

Seelanaickenpatti,

Salem District.

..Petitioner(s)

Vs

1. The Regional Passport Officer,

The Regional Passport Office,

First Floor,

Corporation Commercial Complex(opp),

Avinashi Road,

Coimbatore District.

2. The State of Tamil Nadu

Represented by,

The Inspector of Police,

Race Course Police Station,

Coimbatore City,

..Respondent(s)

Prayer: directing the 1st respondent to issue passport in the petitioner favour on the basis of the petitioner passport application No.CB1067011317526 dated 19.06.2026 within the time stipulated by this honble court.

For Petitioner(s):

M/s.J.Pandi Dorai

For Respondent(s):

M/s.N.K.Nithilavani, Cgc For R1

M/s.Durai Gunasekaran, Govt Advocate (crl Side)for R2

WP No. 43805 of 2026

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ORDER

This writ petition has been filed for the following reliefs:- “directing the 1st respondent to issue passport in the petitioner favour on the basis of the petitioner passport application No.CB1067011317526 dated 19.06.2026 within the time stipulated by this honble court.”

2. The petitioner would submit that he was offered promising employment opportunities abroad and, in order to pursue the same, applied for issuance of a passport before the first respondent vide Application No.B1067011317526 dated 19.06.2026, after remitting the prescribed fee of Rs.1,500/-.

3. The petitioner would further submit that the first respondent, by letter dated 09.07.2026, raised queries regarding the pendency of Crime No.497 of 2025 registered by the Race Course Police Station, Coimbatore, for the alleged offences under Sections 296(b), 329(3), 351(3), 303(2) and 118(2) of the Bharatiya Nyaya Sanhita, 2023. The said case has been taken on file as C.C.No.444 of 2026 before the learned Judicial Magistrate No.II, Coimbatore.

4. The petitioner would submit that, challenging the said criminal proceedings, he has filed a Criminal Original Petition under Section 528 of the

WP No. 43805 of 2026

BNSS before this Hon'ble Court seeking to quash the same. However, the first respondent has insisted upon obtaining a specific court order for processing the passport application.

5. The petitioner would submit that the mere pendency of criminal proceedings cannot constitute an absolute bar to the issuance of a passport, subject to the applicable statutory provisions. The petitioner is willing to abide by any conditions imposed by this Court and seeks a direction to the first respondent to process his passport application in accordance with law.

6. Heard the learned counsels on either side and perused the materials on record.

7. In Mahesh Kumar Agarwal v. Union of India, reported in 2025 INSC 1476, the Hon’ble Supreme Court held that denial of a passport by invoking the provisions of Section 6(2)(f) of the Passports Act was erroneous, since the issuance of a passport is only a matter of providing a document for civil identity, whereas travel outside the country is a regulated activity. The right to allow or not to allow an accused person to travel abroad vests with the Court before which the criminal proceedings are pending. The Hon’ble Apex Court observed that persons facing criminal proceedings are not absolutely disentitled to obtain a passport, subject to the applicable statutory provisions and

WP No. 43805 of 2026

conditions. Relying on the said judgment, the Full Bench of the Madurai Bench of this Court, in W.P.(MD) No.26547 of 2025, dated 09.02.2026 (Jawahar Rajan Vs. The Regional Passport Officer), held that a person facing criminal proceedings may leave the country subject to the permission of the competent criminal Court, which may grant or withhold permission, impose conditions or refuse permission to travel abroad.

8. In view of the above, this writ petition is allowed. The first respondent is directed to issue the passport to the petitioner, after following due procedure, by considering the petitioner’s application dated 19.06.2026, in the light of the dicta laid down by the Hon’ble Supreme Court in Mahesh Kumar Agarwal v. Union of India and Another (cited supra). The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. It is needless to state that for travelling abroad, the petitioner shall obtain prior permission from the concerned Judicial Magistrate/Criminal Court in the event any case is pending against him at the time of travel. No costs. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

WP No. 43805 of 2026

P.T.ASHA J. SHR To

1. The Regional Passport Officer, The Regional Passport Office, First Floor, Corporation Commercial Complex(opp), Avinashi Road, Coimbatore District.

2. The State of Tamil Nadu Represented by, The Inspector of Police, Race Course Police Station, Coimbatore City, Coimbatore District. WP No. 43805 of 2026 02-11-2026

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