Mohamed Baharudeen v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Writ Petition(MD)No.7757 of 2026 Mohamed Baharudeen .. Petitioner Vs 1.The Regional Passport Officer, Office of Regional Passport Office, Madurai Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2.The Inspector of Police, CBI/ACP, Chennai.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to issue passport based on the petitioner's application No.MD1076050345825 (Application Ref. No.25-1067414825) dated 04.12.2025 within a time stipulated by this Court. For Petitioner : Mr.J.M.Hassanul Bazari For Respondents : M/s B.Deepa Central Govt. Standing Counsel for R1 Mr.C.Muthusaravanan Spl. Public Prosecutor for R2 1/4

ORDER

The petitioner is before this Court seeking issuance of a Writ of Mandamus to direct the first respondent to issue passport based on the petitioner's application No.MD1076050345825 (Application Ref. No.25-1067414825) dated 04.12.2025.

2. The petitioner's request for issuance of a passport has not been processed on the ground that a criminal case is pending against the petitioner before the XIV Additional Judge CBI, Chennai in C.C. No.37 of 2015.

3. The Hon'ble Full Bench of this Court in W.P.(MD) No. 26547 of 2025, while answering a reference as to whether the reissue/renewal of a passport should be treated in the same manner as the issuance of a fresh passport or merely as a case of renewal, held that the re-issue/renewal of a passport must be treated in the same manner as the issuance of a fresh passport. However, liberty was granted to the petitioner therein to obtain prior permission from the concerned Court and submit the same along with the passport application, as contemplated under the Passport Act, 1967. 2/4

4. In view of the above, this Writ Petition is disposed of granting liberty to the petitioner to approach the jurisdictional Court, where the criminal case is pending, and file an appropriate application seeking permission for issuance/renewal of the passport. If such an application is filed, the criminal Court concerned shall consider and pass appropriate orders within a period of four weeks from the date of filing of the application. No costs.

01.04.2026 NCC : Yes/No Index : Yes/No Internet:Yes skn To The Inspector of Police, CBI/ACP, Chennai.

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HEMANT CHANDANGOUDAR, J.

skn Writ Petition(MD)No.7757 of 2026 01.04.2026 4/4