Though the petitioner has not filed any quash petition, this Court is inclined to quash the FIR in the interest of justice, hence the FIR registered in Crime No.69 of 2024 cannot be sustained and accordingly, the same is quashed. Further, the 1st respondent is directed to permit the petitioner to travel Saudi Arabia by using his Malaysian Passport and also there is no impediment for the
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2026
CORAM
THE HON’BLE MR JUSTICE G.K. ILANTHIRAIYAN WP Crl. No. 1676 of 2025
Mohamed Ismail Nasuruddin
S/o. Nasuruddin,
No.2/434, A1-Yasin Street,
Vadakkumangaudi,
Thanjavur-614 303
..Petitioner(s)
Vs
1. The Foreigners Regional Registration Officer
The Foreigners Regional Registration Office,
368W+9VQ, Haddows Road,
Subba Road Avenue,
Nungamabakkam, Chennai- 600 006
2. The Assistant Commissioner of Police,
Central Crime Branch-II(CCB-II)
Vepery, Chennai-600 007
Crime No.69 of 2024
..Respondent(s)
Prayer: Writ Petition Criminal filed under Article 226 of Constitution of India praying for an issuance of a Writ of Mandamus by directing the respondents 1 and 2 to grant the petitioner exit permit to travel Saudi Arabia for taking medical treatment based on his Online Application ID2109259J5020 dated 21.09.2025 and representations dated 29.09.2025 on the file of the file of the 1st respondent.
For Petitioner(s): Mr.R.Vivekananthan
For Respondent(s): Dr.D.Simon for R1
Senior Panel Counsel
Mr.R.Ganesh Kumar for R2
Counsel for Government of Tamilnadu (Crl.side)
ORDER
This Petition has been filed to direct the respondents 1 and 2 to grant the petitioner exit permit to travel Saudi Arabia for taking medical treatment based on his Online Application ID2109259J5020 dated 21.09.2025 and
representations dated 29.09.2025 on the file of the file of the 1st respondent.
2. Heard the learned counsel appearing for the petitioner, learned Senior Panel Counsel appearing for the 1st respondent and the learned Government Advocate (Crl.Side) appearing for the 2nd respondent and perused the entire documents placed on record.
3. On going through the documents placed on record it is seen that the petitioner is a Malaysian National of Indian Origin, holding Malaysian Passport and an Overseas Citizen of India Card [OCI Card]. The petitioner came down to India in the year 2022 to visit his family members and has been residing in India, while being so, on 03.06.2024, a case has been registered against the petitioner in Crime No.69 of 2024 for the offences punishable under Sections 12(1)(b) of the Passport Act, 1967 and Sections 420, 468 and 471 of IPC alleging that the petitioner fabricated Adhar Card, voter ID and other required documents and obtained Indian Passport for the purpose of visiting Haj Pilgrimage Trip from Chennai. At this stage, he was caught hold and FIR has been registered and the same is pending for investigation. Now, almost more than two years have elapsed and even then, the 2nd respondent / Inspector of Police, Central Crime Branch-II (CCB-II), Chennai failed to file any final report.
4. Further, the wife of the petitioner also died on 04.09.2024 and the alleged Indian Passport obtained by the petitioner by fabricating the required documents also has been seized by the respondents. Therefore, the petitioner cannot use the Indian Passport anywhere. That apart, the petitioner is a Malaysian citizen and he is holding a valid passport till the year 2027. Therefore, keeping the petitioner in India would not serve any purpose.
5. It is pertinent to note that the purpose for which the petitioner
obtained Indian Passport illegally has been now prevented by the 1st respondent and the Indian Passport has been seized by the respondents. Also the petitioner was granted bail and now he is staying in India. The petitioner is having Overseas Citizen of India Card (OCI), through which, he can have multiple entries to India.
6. Though the petitioner has not filed any quash petition, this Court is inclined to quash the FIR in the interest of justice, hence the FIR registered in Crime No.69 of 2024 cannot be sustained and accordingly, the same is quashed. Further, the 1st respondent is directed to permit the petitioner to travel Saudi Arabia by using his Malaysian Passport and also there is no impediment for the
petitioner to travel abroad by using his Overseas Citizen of India Card (OCI).
Accordingly, the present Petition is allowed. No costs.
25-06-2026
Index: Yes/No
Speaking/Non-speaking order Neutral Citation: Yes/No
ssd
To
1. The Foreigners Regional Registration Officer
The Foreigners Regional Registration Office,
368Wplus9VQ, Haddows Road,
Subba Road Avenue,
Nungamabakkam, Chennai- 600 006
2. The Assistant Commissioner of Police,
Central Crime Branch-II(CCB-II)
Vepery, Chennai-600 007
Crime No.69 of 2024
G.K.ILANTHIRAIYAN, J. ssd WP Crl. No. 1676 of 2025
25-06-2026