W.P(md)No.26547 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 27.01.2026

Pronounced on : 09.02.2026

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

AND

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

AND

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

WP(MD)No.26547 of 2025

and

W.M.P(MD)No.20591 of 2025

Jawahar Rajan ...Petitioner

Vs

1.The Regional Passport Officer,

No.25, AGT Business Park,

Avinashi Road,

Civil Aerodrome Post,

Coimbatore District.

2.The Inspector of Police,

DCB Police Station,

Madurai District. ....Respondents

Prayer: Writ Petitioner filed under Article 226 of the Constitution of India,

praying for the issuance of a Writ of Certiorarified Mandamus to call for the

impugned communication dated 11.09.2025 made in Letter Ref

No.SCN/1050049601/25 in File No.CB1075601279425 issued by the 1

st

respondent and quash the same and consequential direct the 1

st

respondent to

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W.P(md)No.26547 of 2025

take steps to reissue the passport based on the renewal application submitted

by the petitioner vide application No.25-1059701888(File

No.CB1075601279425) dated 08.09.2025.

For Appellants: Mr.AL.Kannan,

for M/s.S.Meena

For R1 : Mr.AR.L.Sundaresan, ASGI,

assisted by Mr.K.Govindarajan, ASGI,

for Mr.M.Karthikeya Venkatachalapathy

For R2 : Mr.A.Thiruvadikumar, APP,

assisted by Mr.K.Gnanasekaran, G.A.,

(Criminal Side)

ORDER

(Order of the Court was delivered by DR.G.JAYACHANDRAN,J.)

Thiru. Jawahar Rajan, the petitioner herein holds Indian Passport

bearing No: N8141097, which is valid upto 03.03.2026. He made an online

application for re-issue of passport under TATKAAL scheme on 22.08.2025.

In view of the adverse Police Verification Report (PVR), the Regional

Passport Office, Coimbatore, vide communication dated 11.09.2025 sought

explanation within 30 days from the petitioner regarding Cr.No.26 of 2021

on the file of District Crime Branch, Madurai for the offence under Sections

120B, 294(b), 406,420 IPC registered against the petitioner and others.

2.He has filed the above writ petition stating that, in response to the

letter seeking clarification, he appeared and explained to the Officer

concerned that the said complaint is a false complaint and he is ready to co-

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W.P(md)No.26547 of 2025

operate for the trial and has no intention to evade the clutches of the law.

Despite the said explanation, the Regional Passport Officer has not processed

the application hence, he prays for issuance of Writ of Certiorarified

Mandamus to call for the impugned communication dated 11.09.2025 made

in Letter Ref No.SCN/1050049601/25 in File No.CB1075601279425 issued

by the 1

st

respondent and quash the same and consequential direction to the

1

st

respondent to take steps to reissue the passport based on the renewal

application submitted by the petitioner vide application No.

25-1059701888(File No.CB1075601279425) dated 08.09.2025.

3.The learned Judge, in view of conflicting judgments rendered by two

Division Benches of this Court, without going into the merits of the case

referred the matter for decision by a Larger Bench. The Learned Judge has

framed the question that requires consideration as below:-

“ Whether the re-issue / renewal of the passport has to

be treated by the Passport Officer in the same manner as the

issuance of a fresh passport, or simpliciter a case of

renewal”?

4.The two judgments, which the learned Single Judge, had referred

are:-

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1.W.A(MD)No.902 of 2023 dated 02.06.2023, (Regional Passport

Officer –vs- Samsudeen Mohamed Salih and another). In this case, the

learned single Judge directed the Regional Passport Officer to re-issue

passport without insisting on prior permission from the court where the

criminal case is pending against the writ petitioner. On appeal by the

Regional Passport Officer, the Division Bench confirmed the writ court order

with the following observation:-

“ In the light of the above, we pass the following order:

(i)The writ appellant shall process the application of the

first respondent for renewal of passport without insisting for

permission of the Court, where a criminal csae is pending agianst

the first respondent. If the first respondent is travellling abroad,

then the first respondent would be required to seek permission

from the Court where the criminal case is pending.

(ii)Decision shall be taken as above, without one month.”

2).W.A(MD)No.2282 of 2025 dated 26.08.2025 ( Ganesan

Kumaresan –vs- The Regional Passport Officer, Madurai and another). In

contrary to the judgement rendered in Samsudeen Mohamed Salih's

case(cited supra), the Division Bench of this Court held that prior

permission of the Court, in which, the passport applicant facing trial of

criminal case is mandatory for re-issuance of passport. The operative portion

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of the judgment in Ganesan Kumaresan case reads as under:-

“The petitioner is given liberty to move the trial Court for

the relief now sought for. As and when such miscellaneous

petition is filed, it shall be numbered and disposed of within a

period of three weeks thereafter. The learned trial Judge shall

bear in mind that right to travel abroad is a fundamental right.

The petitioner's business may suffer if he is denied the right to

go abroad. The trial Court shall not deny relief unless there are

extraordinary circumstances. Of course, the period of validity of

passport will have to be restricted. It is also open to the trial

judge to stipulate appropriate conditions to ensure that the

prosecution is not stalled on account of the petitioner's absence

from India. If necessary, the applicant can be directed to file an

application under Section 228 of BNSS (Corresponding to

Section 205 of Cr.P.C) by executing a special vakalat. Based on

the order passed by the trial Court, the petitioner shall move the

jurisdictional regional passport officer who shall dispose of the

petition mentioned application in terms of the said order.”

5.Though, in the above two judgments, the judgment of the Bombay

High Court rendered in Abbas Hatimbhai Kagalwala –vs- State of

Maharastra and another, reported in 2022 SCC Online Bombay 1992 is

referred, it is followed by the earlier Division Bench judgment rendered in

W.A.No.902 of 2023, dated 02.06.2023, distinguished in the later judgment

W.A(MD)No.2282 of 2025 dated 26.08.2025. However, the later Division

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Bench judgement does not refer about the earlier Division Bench judgement

of this Court. Thus, according to the learned Single Judge there is conflicting

judgments by this Court from Benches of equal strength, hence an

authoritative pronouncement from a larger Bench is required.

6.In the case in hand, the writ petitioner's case is that, he is a business

man carrying on business particularly in Colombo. On the eve of the expiry

of his passport, he applied through online for renewal and the same was

acknowledged by the Passport Authority and he was called for reporting on

08.09.2025. His application was not considered for renewal citing the police

verification report was not clear. His further enquiry revealed that a false

case has been registered against him by District Ccrime Branch (Madurai),

Police Station in Crime No.26 of 2021 for offence under Sections 120(b),

294(b), 406 and 420 IPC and the same is pending before the learned Judicial

Magistrate No.I, Madurai, in C.C.No.1730 of 2022. While applying for

renewal of the passport, the computer operator has stated that there is no

criminal case pending against him. During enquiry, he explained to the

respondents regarding the nature of the criminal case pending against him.

According to the writ petitioner, GRS 570(E) issued by the Ministry of

External Affairs, New delhi, dated 25.08.1993 mandates permission from the

Court concerned to depart India only if any proceeding of an offence pending

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W.P(md)No.26547 of 2025

before the Criminal Court. As far as his case is concerned, the trial not

commenced, therefore his case cannot be treated as ‘proceedings pending

before the criminal Court.

7.On facts, the contention of the petitioner is incorrect. The learned

Additional Public Prosecutor clarified that the investigation in Crime No.26

of 2021 completed long back and the final report filed and taken cognisance

by the concerned Judicial Magistrate in C.C.No.1730 of 2022. Some of the

accused including the petitioner herein were absconding and therefore, the

criminal trial could not be proceeded further and pending for framing

charges. The Additional Public Prosecutor further submit that the

notification of the Ministry of External Affairs, dated 25.08.1993 in GSR

No.570(E) squarely apply to the case of the writ petitioner. Unless he gets

prior permission from the Court in which the criminal case is pending against

him, the Regional Passport Officer, the right petitioner cannot seek for

Mandamus to re-issue passport .

8.Mr.ARL.Sundaresan, learned Additional Solicitor General appearing

for the Regional Passport Officer / first Respondent submitted that the right

of a citizen to seek passport either fresh or renewal is governed by the

Passports Act and Rules. The right of locomotion within the territory of India

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is a fundamental right subject to reasonable restriction, whereas the right to

travel abroad is not an unfettered right. As per section 5 of the Act, any

person intent to go abroad to visit foreign country can apply for passport in

the form prescribed. On receipt of the application, the Passport Authority,

after making such inquiry subject to the other provisions of the Act, shall

issue passport. Section 6(1) of the Act empowers the Passport Authority to

refuse passport. The grounds on which the Passport Authority can refuse the

issuance of Passport is enumerated in sub- section (2) of Section 6 of the

Act. One of the ground to refuse passport is, proceedings in respect of

offence alleged to have been committed by the applicant are pending before

the criminal Court in India.

9.To mitigate the rigor of Section 6(2) (f) of the Act, the Government

in exercise of its power under section 22 of the Act has issued notification

GSR No.570(E) on 25.08.1993, wherein, exemption to Section 6(2)(f) is

granted, if the applicant gets permission from the criminal Court where the

proceedings is pending. Thus, the embargo for issuing fresh or renewal of the

passport to the persons, who are facing proceedings in criminal Court is

mitigated. The constitutional validity of Section 6(2)(f) of the Act is upheld

by Court. The validity of GSR No.570(E) and the subquent Official

Memorandum of the Ministry of External Affairs dated 10.10.2019 also been

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considered by the Hon'ble Supreme Court in Mahesh Kumar Agarwal -Vs -

Union of India, judgement dated 19.12.2025. Hence, the issue is no more

res integra.

10.The learned Additional Solicitor General, referring Form EA (P) -1

which is prescribed under the Act for applying passport either fresh or after

10 years ie., renewal, submitted that in column 21, the applicant has to state

whether any criminal proceedings against him in any Court in India and if so

the details. In the case in hand, the criminal case against the applicant/writ

petition is pending before learned Judicial Magistrate No:1, Madurai in C.C

1730 of 2022. Therefore, permission from that Court is necessary for

issuance of passport.

11.Heard the submissions made by the respective learned Counsels.

The records were carefully perused.

12.Prior to the enactment of the Passports Act, 1967 passports were

issued by the Government in exercise of its Executive power to conduct

foreign relations. Passport was considered to be essentially a political

document. In Satwant Singh Sawhney –vs- Union of India (AIR 1967 SC

1836), the Hon’ble Supreme Court by majority held that the right to travel

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abroad is a part of a person’s personal librty of which he could not be

deprived except according to procedure established by law in terms of

Article 21 of the Constitution. Therefore, to regulate the departure from India

of Citizens of India and other persons and for matters incidental or ancillary

thereto Passports Act 1967 was enacted and notified on 24.06.1967.

13.For convenient reference, the provisions relevant for decision are

extracted below:-

Section 5.-Applications for passports, travel documents, etc.,

and orders thereon.- 1[(1) An application for the issue of a passport

under this Act for visiting such foreign country or countries (not

being a named foreign country) as may be specified in the

application may be made to the passport authority and shall be

accompanied by 2 [Such fee as may be prescribed to meet the

expenses incurred on special security paper, printing, lamination

and other connected miscellaneous services in issuing passports and

other travel documents].

Explanation.- In this section, "named foreign country" means

such foreign country as the Central Government may, by rules made

under this Act, specify in this behalf.

(1A) An application for the issue of-

(i) a passport under this Act for visiting a named

foreign country; or

(ii) a travel document under this Act, for visiting such

foreign country or countries (including a named foreign country) as

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may be specified in the application or for an endorsement on the

passport or travel document referred to in this section,

may be made to the passport authority and shall be

accompanied by such fee (if any) not exceeding rupees fifty, as may

be prescribed.

(1B) Every application under this section shall be in such

form and contain such particulars as may be prescribed.]

(2) On receipt of an application 3 [under this section], the

passport authority, after making such inquiry, if any. as it may

consider necessary, shall, subject to the other provisions of this Act,

by order in writing,-

(a) issue the passport or travel documents with endorsement,

or, as the case may be, make on the passport or travel document the

endorsement, in respect of the foreign country or countries specified

in the application; or

(b) issue the passport or travel document with endorsement,

or, as the case may be, make on the passport or travel document the

endorsement, in respect of one or more of the foreign countries

specified in the application and refuse to make an endorsement in

respect of the other country or countries; or

(c) refuse to issue the passport or travel document or, as the

case may be, refuse to make on the passport or travel document any

endorsement.

(3) Where the passport authority makes an order under clause

(b) or clause (c) of sub-section (2) on the application of any person,

it shall record in writing a brief statement of its reasons for making

such order and furnish to that person on demand a copy of the same

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unless in any case the passport authority is of the opinion that it will

not be in the interests of the sovereignty and integrity of India, the

security of India, friendly relations of India with any foreign country

or in the interests of the general public to furnish such copy.

Section 6.-Refusal of passports, travel documents. Etc.

(1) Subject to the other provisions of this Act, the passport

authority shall refuse to make an endorsement for visiting any

foreign country under clause (b) or clause (c) of sub-section (2) of

section 5 on any one or more of the following grounds, and no other

ground, namely: -

(a)that the applicant may, or is likely to, engage in such

country in activities prejudicial to the sovereignty and integrity of

India:

(b)that the presence of the applicant in such country may, or

is likely to, be detrimental to the security of India;

(c)that the presence of the applicant in such country may, or is

likely to, prejudice the friendly relations of India with that or any

other country,

(d)that in the opinion of the Central Government the presence

of the applicant in such country is not in the public interest.

(2)Subject to the other provisions of this Act, the passport

authority shall refuse to issue a passport or travel document for

visiting any foreign country under clause (c) of sub-section (2) of

section 5 on any one or more of the following grounds, and on no

other ground, namely: -

(a)that the applicant is not a citizen of India.,

(b)that the applicant may, or is likely to, engage outside India

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in activities prejudicial to the sovereignty and integrity of India.,

(c)that the departure of the applicant from India may, or is

likely to, be detrimental to the security of India;

(d)that the presence of the applicant outside India may, or is

likely to, prejudice the friendly relations of India with any foreign

country;

(e)that the applicant has, at any time during the period of five

years immediately preceding the date of his application, been

convicted by a court in India for any offence involving moral

turpitude and sentenced in respect thereof to imprisonment for not

less than two years;

(f)that proceedings in respect of an offence alleged to have

been committed by the applicant are pending before a criminal

court in India;

(g)that a warrant or summons for the appearance, or a

warrant for the arrest, of the applicant has been issued by a court

under any law for the time being in force or that an order

prohibiting the departure from India of the applicant has been made

by any such court;

(h)that the applicant has been repatriated and has not

reimbursed the expenditure incurred in connection with such

repatriation;

(i)that in the opinion of the Central Government the issue of a

passport or travel document to the applicant will not be in the public

interest.

Section 9.-Conditions and forms of passports and travel

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documents

The conditions subject to which, and the form in which, a

passport or travel document shall be issued or renewed shall be such

as may be prescribed: Provided that different conditions and

different forms may be prescribed for different classes of passports

or travel documents or for different categories of passports or travel

documents under each such class: Provided further that a passport

or travel document may contain in addition, to the prescribed

conditions such other conditions as the passport authority may, with

the previous approval of the Central Government, impose in any

particular case.

22. Power to exempt

Where the Central Government is of the opinion that it is

necessary or expedient in the public interest so to do, it may, by

notification in the Official Gazette and subject to such conditions, if

any, as it may specify in the notification,- (a) exempt any person or

class of persons from the operation of all or any of the provisions of

this Act or the rules made thereunder; and (b) as often as may be,

cancel any such notification and again subject, by a like notification,

the person or class of persons to the operation of such provisions.

14.GSR No.570(E) dated 25.08.1993 issued in exercise of power

under Section 22 is intend to give relief to such applicants against whom

criminal case pending in the Courts and it reads as below:-

MINISTRY OF EXTERNAL AFFAIRS

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NOTIFICATION New Delhi, the 25th August, 1993

In exercise of the powers conferred by clause (a) of 11 of the

Passports Act 1967 (15 of 1967) and in supersession of the

notification of the Government of India in the Ministry of

External Affairs No.GSR. 298(E), dated the 14th April, 1976, the

Central Government, being tion of the Government of India in

the Ministry of External Affairs opinion that it is necessary in

public interest to do so, hereby exempls dmmitted by them are

pendime before a criminal court in India and of India against

whom proceedings in respect of an offence alleged fo de orders

from the court concerned permitting them to depart from en the

operation of the provisions of Clause (f) of sub-section (2) of of

the said Act, subject to the following conditions, namely:-

(a) the passport to be issued to every such citizen shall be

issued-

(i) for the period specified in order of the court

referred to above, if the court specifies a period for which the

passport has to be issued; or

(ii)if no period either for the issue of the passport

or for the travel abroad specified in such order, the passport

shall be issued for a period one year;

(iii) if such order gives permission to travel abroad

for a period less than one year, but does not specify the period

validity of the passport, the passport shall be issued for one

year; or

(iv) if such order gives permission to travel abroad

for a period ex-ceeding one year, and does not specify the

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validity of the pass-port, then the passport shall be issued for the

period of travel abroad specified in the order.

(b) any passport issued in terms of (a) (ii) and (a) (iii)

above can be further renewed for one year at a time, provided

the applicant has not travelled abroad for the period sanctioned

by the court; and provided further that, in the meantime, the

order of the court is not cancelled or medified;

(c) any passport issued in terms of (a) (i) above can be

further renewed only on the basis of a fresh court order

specifying further period of validity of the passport or specifying

a period for travel abroad; a

(d) the said citizen shall give an undertaking in writing to

the pass-port issuing authority that he shall, if required by the

court con-cerned, appear before it at any time during the

continuance in force of the passport so issued.”

15.Taking into consideration that there are an increasing number of

references being received regarding passport applications attracting Section

6(2)(f) of the Act, the Ministry of External Affairs issued OM dated

10.10.2019, which provides instructions to be adopted by the Passport

Authorities while processing the passport applications in respect of those

applicants, who may have criminal proceedings pending before the Criminal

Courts in India. The instructions are :-

“5.In view of the above, the following instructions may be

adopted while processing the passport applications in respect of

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those applicants who may have criminal proceedings pending

before a criminal Court in India.

(i) The provisions of GSR 570(E) may be strictly applied

in all cases. OSR 570(E) is a statutory notification and hence

forms part of the Rules. It is to be noted that as per Section 5(2)

of the Passports Act, 1967, the passport authority shall by order

in writing take a decision whether to issue or refuse a passport.

after making such inquiry, if any, as it may consider necessary.

Moreover Section 7 of the Passports Act, provides that a

passport or travel documen may be issued for a shorter period

than the prescribed period if the passpor authority, for reasons

to be communicated in writing to the applicant considers in any

case that the passport or travel document should be issued for

ordinary passport shall be in force for a period of 10 years

which implies the a shorter period. Rule 12 of the Passport

Rules, 1980 only states that an an ordinary passport cannot be

issued beyond a period of 10 years.

(ii) Whenever an applicant is submitting a 'No Objection

Certificate (NOC) from a Court of law in India, the applicant

should be advised that undertaking as per GSR 570(E) should be

complete in all respects and should mention all the pending

criminal cases against the applicant. The undertaking will have

a note clearly stating that if any false or incomplete information

is submitted by an applicant, then his passport application is

liable to be rejected.

(iii)Extant instructions clearly lay down that such

applications should be processed pre-Police Verification (PV)

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mode. "Pre-PV" would be mandatory in all cases of applications

submitted with GSR 570(E) to ensure that the undertaking

submitted by the applicant is properly matched with the criminal

cases mentioned in the Police Verification Report (PVR) Hence,

such applications should not be accepted under Tatkaal nor such

applications be moved to "post-PV" mode or "No-PV" mode

without proper justification and approval to be recorded in

writing

(iv)If an undertaking is incomplete or misleading and the

applicant is fould to have suppressed details of other criminal

cases against the applicant, a Show Cause Notice should be

issued to the applicant and action initiated against that

applicant as per provisions of Section 12 of the Passports Act,

1967. If information that an applicant has obtained a passport

by making a false submission or by suppressing material facts

comes to light after the passport has been issued, the passport

may be impounded or revoked as per provision of Section 10(3)

(b) of the Passports Act, 1967, after following the duc

procedure.

(v)In case where the first Police Verification(PV) is

'Adverse', secondary police verification may be generated. While

a secondary PV is generated, it should be accompanied by a

detailed letter seeking clarification regarding the pending

criminal cases against the applicant and the status of these

cases. Apart from generating secondary PVR, the passport

officers may, if considered necessary, call for discreet enquiry

through the police authorities by sending the Court order

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submitted by the applicant or even seek verification from other

Government agencies/departments, as the case may be.

(vi)In case where the secondary Police Verification is also

'Adverse', it may be examined whether the details brought out in

the police report match the undertaking submitted by the

applicant. It may be noted that mere filing of FIRs and cases

under investigation do not come under the purview of Section

6(2)(f) and that criminal proceedings would only be considered

pending against an applicant if a case has been registered

before any Court of law and the court has taken cognizance of

the same.

(vii)If the details given in the police report and the

undertaking submitted by the applicant are matching, then the

'No Objection Certificate' issued by a Court of law submitted by

the applicant would take precedence over any Adverse' report

submitted by the police. In such cases, the 'Adverse report may

be overruled with the written approval of the Passport Officer.

(viii) If the details given in the PVR and the undertaking

submitted by the applicant are at variance, then a notice may be

issued to the applicant calling for clarification and advising the

applicant to submit details of all pending criminal cases as well

as to submit a revised No Objection Certificate (NOC).

(ix)If it is brought to the notice of the authority that an

applicant has criminal proceedings arrayed against applicant

before several courts of law, then the applicant may be advised

to get NOC from all the concerned court(s). Normally, the Court

Order would make a mention of the cases pending against the

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applicant as well as the prayer made by the applicant. This may

be examined along with the undertaking submitted by the

applicant and complaints or other court orders, if any, that may

have been received against the applicant.

(x)It may noted that GSR 570(E) only exempts an

applicant from the operation of Section 6(2)(t) and none of the

other sub-sections of Section 6(2) of the Passports Act, 1967.

16.Conclusion:

(i)The power to re-issue or renew a passport after expiry of its tenure

is traceable to Section 5 of the Act. The restrictions contained in section 6(2)

(f) of the Passport Act apply not only for fresh application, but also to re-

issuance/renewal. The Act which provides the procedures and the conditions

for issuance of passport afresh and for renewal of passport does not make

any difference in respect of vital conditions, particularly the requirement of

clearance when the applicant is facing criminal proceedings in criminal

Court in India.

(ii)From the scheme of the Passports Act, Passports Rules, GSR 570

(E) dated 25.08.1993 and OM dated 10.10.2019, it is clear that the persons

facing criminal proceedings are not absolutely disentitled to a passport.

Though section 6(2)(f) of the Act empowers the Passport Officer to refuse

passport to the applicant on the ground that the proceedings pending before

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criminal court in India, nonetheless through GSR No:570(E) dated

25.08.1993, relief granted. Further, noticing the increasing number of

applications attracting Section 6(2)(f) of the Act, in OM dated 10.10.2019

instructions issued regarding the procedure to be adopted while processing

the passport application in respect of those applicants who may have

criminal proceedings pending before a criminal Court in India. Official

Memorandum dated 10.10.2019 is an administrative restatement of the

position under section 6(2)(f) of the Act.

(iii)A passport is a civil document that enables its holder to seek a

visa, subject to other laws and orders, to cross international borders. Right of

a person, who is on bail or facing trial or pending appeal may actually to

leave the country is subject to the permission of the criminal Court, which

can grant or withhold permission, impose conditions, insist on undertakings,

or refuse leave altogether.

(iv)As observed by the Hon’ble Supreme Court in Magesh Agarwal

case, the instructions issued in OM dated 10.10.2019 does not create a new

regime. It reiterates that GSR No.570(E) must be “ strictly applied”, and

explains the procedure where the criminal proceedings are pending.

(v)The expression ‘Criminal proceedings pending’ means the stage of

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taking cognizance of crime by the Criminal Court till the case attains finality.

This includes appeal against conviction or acquittal. In Vangalu Kasturi

Rangacharyulu –vs- CBI, the Hon’ble Supreme Court, when the Criminal

appeal against conviction and sentence of one year pending before it for

consideration, directed the Passport Authority to renew the passport stating

that section 6(2)(f) only relates to situation where the applicant is facing trial

in a criminal Court. With great respect and humility, we hold that the

expression “criminal proceedings” used in section 6(2)(f) of Passports Act

does not confine to trial stage alone. It includes the appellate stage also. In

Vangala case, the Hon'ble Supreme Court directed to issue passport, in view

of the peculiar fact that the criminal appeal was pending in the Supreme

Court and the conviction was for one year.

17.In Garikapati Veeraya vs. N. Subbiah Choudhry & Ors. [AIR

1957 SCR 540], the Hon'ble Supreme Court had the occasion to consider the

right of appeal and the consequences. The Apex Court opined:

"(i) That the legal pursuit of a remedy, suit, appeal and

second appeal are really but steps in a series of proceedings all

connected by an intrinsic unity and are to be regarded as one

legal proceeding.

(ii) The right of appeal is not a mere matter of procedure but is a

substantive right.

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W.P(md)No.26547 of 2025

(iii) The institution of the suit carries with it the implication that

all rights of appeal then in force are preserved to the parties

thereto till the rest of the career of the suit.

(iv) The right of appeal is a vested right and such a right to enter

the superior court accrues to the litigant and exists as on and

from the date the lis commences and although it may be actually

exercised when the adverse judgment is pronounced such right is

to be governed by the law prevailing at the date of the institution

of the suit or proceeding and not by the law that prevails at the

date of its decision or at the date of the filing of the appeal.

(v) This vested right of appeal can be taken away only by a

subsequent enactment, if it so provides expressly or by necessary

intendment and not otherwise."

The well laid legal proposition that an appeal is the continuation of trial is a

general principle of law applicable both to civil and cirminal cases.

18.Thus, the only grey area which needs clarification is the stage from

the registration of FIR till taking cognizance by the criminal Court. The

purpose of Police Verification Report is to ensure that any applicant for

passport should not flee from the jurisdiction after committing crime. In case

FIR is registered and the investigation is pending, the applicant is only a

suspect named in the FIR. If the exemption under GSR 570(E) is not taken

into consideration than the embargo under Section 6(2)(f) of the Act will not

apply on him. However, in the police verification report, pending

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W.P(md)No.26547 of 2025

investigation will be exposed. Hence, exemption granted under Section 22

of the Act by way of GSR No.570(E) dated 25.08.1993 and OM dated

10.10.2019 has to be harmoniously understood and interpreted.

19.To ensure, persons suspected of heinous crime is prevented from

fleeing as found in the instructions in OM dated 10.10.2019, if any FIR is

registered against the applicant, the Investigating Officer has to furnish

clearance mentioning the nature of the case and the stage of the

investigation. It is for the Passport Authority to decide those applications

based on the report. If the passport is declined with a speaking order, the

same shall be subject to judicial review. In cases, where criminal proceedings

pending that is cases where the Court taken cognizance pending trial or

appeal the guidelines provided in the notification GSR 570(E) and the

instructions provided in the Official Memorandum dated 10.10.2019 has to

be scrupulously followed.

20.In fine, the question of reference is answered affirmatively that

reissue / renewal of a passport has to be treated by the Passport Officer in the

same manner as the issuance of a fresh passport. In other words, the rigor of

Section 6(2)(f) of the Act subject to exemption under GSR 570(E) dated

25.08.1993 and the instructions in OM dated 10.10.2019 will apply to all

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W.P(md)No.26547 of 2025

applicants either as a fresh application or renewal / reissue.

21.Insofar as the case in hand, on the date of application for passport

under TATKAAL scheme a criminal case against the writ petitioner pending

trial before the Judicial Magistrate Court No.I, Madurai, in C.C.No.1730 of

2022, after taking cognizance. Therefore, he has to get prior permission of

the Court concerned and submit the same along with his application, as

contemplated under the Passport Act and Manual.

22.The issue under reference is answered accordingly and this Writ

Petition stands disposed of. No costs. Consequently, connected

miscellaneous petition is closed.

[G.J., J.] & [S.S.Y.,J.] & [K.K.R.K., J.]

09.02.2026

Index :Yes/No

Internet:Yes

Ns

To

1.The Regional Passport Officer,

No.25, AGT Business Park,

Avinashi Road,

Civil Aerodrome Post,

Coimbatore District.

2.The Inspector of Police,

DCB Police Station,

Madurai District.

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

W.P(md)No.26547 of 2025

DR. G. JAYACHANDRAN , J.

and

S.SRIMATHY,J.

AND

K.K. RAMAKRISHNAN, J.

Ns

WP(MD)Nos.26547 of 2025

and

W.M.P(MD)No.20591 of 2025

09.02.2026

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