Raghul Dinesh Surana v. The Regional Passport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Rahul Dinesh Surana ... Petitioner Vs.
1.The Regional Passport Officer, Office of the Regional Passport Officer, Royala Towers, No.2 & 3, IV Floor, Anna Salai, Chennai - 600 002.
2.Union of India, Represented by The Serious Fraud Investigation Office, Ministry of Corporate Affairs, Government of India, Corporate Bhawan, Ground Floor No.29, Rajaji Salai, Chennai - 600 001. 3.The Directorate of Enforcement, Represented by its Assistant Director, 2nd & 3rd Floor, C Block, Murugesa Naicker Complex, No.84, Greams Road, Thousand Lights, Chennai - 600 006. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the learned XV Additional City Civil Court, Chennai / Special Court for trial of SFIO Cases to forthwith return the petitioner's original expired passport bearing No.K7200676 to the petitioner's custody for the purpose of renewal and consequentially direct the 1st respondent, The Regional Passport Officer, Chennai, to process the petitioner's application (File No.MA2075511438125) and reissue the passport forthwith upon production of the expired passport, in accordance with law. Page No.1 of 6
For Petitioner : Mr.B.Kumar Senior Counsel for M/s.J.Vishnu Vardhan For Respondents : Mr.K.B.Arul Additional Central Government Standing Counsel [R1] Mr.K.Subbu Ranga Bharathi Central Government Counsel R2] Mr.N.Ramesh Special Public Prosecutor [R3] *****
ORDER
The petitioner has filed this Writ Petition seeking a Writ of Mandamus, to direct the learned XV Additional City Civil Court, Chennai/Special Court for trial of SFIO Cases to forthwith return the petitioner's original expired passport bearing No.K7200676 to the petitioner's custody for the purpose of renewal and consequently, to direct the 1st respondent, The Regional Passport Officer, Chennai, to process the petitioner's application (File No.MA2075511438125) and reissue the passport forthwith upon production of the expired passport, in accordance with law.
2. Mr.K.B.Arul, learned Additional Central Government Standing Counsel, accepts notice on behalf of the 1st respondent, Mr.K.Subbu Ranga Bharathi, learned Central Government Counsel, accepts notice on behalf of the Page No.2 of 6
2nd respondent and Mr.N.Ramesh, learned Special Public Prosecutor, accepts notice on behalf of the 3rd respondent. In view of the consent expressed by the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The petitioner has applied for renewal of his passport before the 1st respondent. While processing his application, the 1st respondent refused to renew the passport on the ground that his original expired passport was not produced and therefore, directed the petitioner to produce the original expired passport before the 1st respondent. Since the original expired passport was produced before the learned XV Additional City Civil Court, Chennai/Special Court for trial of SFIO Cases, for the cases in Spl.C.C.Nos.9 of 2022 and 3 of 2023, the petitioner was not able to produce the same before the 1st respondent. Hence, the petitioner has filed this writ petition before this Court for appropriate orders.
4. The learned Senior Counsel appearing for the petitioner submitted that the petitioner is an accused in Spl.C.C.Nos.9 of 2022 and 1 of 2023 on the file of the learned XV Additional City Civil Court, Chennai/Special Court for trial of SFIO Cases, in which, the petitioner has surrendered his original Page No.3 of 6
expired passport, thereby he was not able to produce the same before the 1st respondent when the same was directed by the 1st respondent. However, on instructions, the learned Senior Counsel submitted that immediately after the renewal of the passport, the petitioner is ready and willing to surrender the same before the Trial Court, hence, there will be no impediment for the 1st respondent to renew the passport. Accordingly, he prays for appropriate orders.
5. The learned Additional Central Government Standing Counsel appearing for the 1st respondent submitted that the criminal proceedings are pending against the petitioner and that if the renewal is granted, there are chances of the petitioner absconding from the country. Accordingly, he prays for dismissal of this writ petition.
6. In the considered view of this Court, the mere renewal of the passport may not require the permission of the Court where criminal proceedings are pending. A useful reference can be made to the judgment of this Court in W.A.No.902 of 2023, wherein this Court has held that permission is required only when the accused person wants to leave India. Page No.4 of 6
7. In view of the above, there shall be a direction to the 1st respondent to act upon the petitioner's application and renew the passport for the regular period, if it is otherwise in order, within a period of four (4) weeks from the date of receipt of a copy of this order.
8. It is abundantly clear that mere renewal of the passport will not enable the petitioner to leave India. If the petitioner wants to leave India, he has to necessarily approach the concerned Court and seek for the permission and the same will be considered on its own merits and in accordance with law.
9. The Writ Petition is disposed of in the above terms. No costs. 10.10.2025 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Regional Passport Officer, Office of the Regional Passport Officer, Royala Towers, No.2 & 3, IV Floor, Anna Salai, Chennai - 600 002.
Page No.5 of 6
M.DHANDAPANI, J.
sp 2.The Serious Fraud Investigation Office, Ministry of Corporate Affairs, Government of India, Corporate Bhawan, Ground Floor No.29, Rajaji Salai, Chennai - 600 001. 3.The Assistant Director, Directorate of Enforcement, 2nd & 3rd Floor, C Block, Murugesa Naicker Complex, No.84, Greams Road, Thousand Lights, Chennai - 600 006. 10.10.2025 Page No.6 of 6