- 1 - NC: 2025:KHC:7236 WP No. 4303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4303 OF 2025 (GM-PASS) BETWEEN: ASHWIN CHALAM S/O SURAJ CHALAM AGED ABOUT 39 YEARS HAIVNG ADDRESA AT T 311, THE ELGIN 11 HOSUR ROAD RICHMOND TOWN, BENGALURU 560024 ALSO AT B41, SHEFALI APRTMENTS 26, AGA ABBAS ALI ROAD, HALASURU YELLAPPA CHETTY LAYOUT SIVANACHETTI GARDNES BENGALURU 560042 …PETITIONER (BY SRI. DEEPAK BHASKAR., ADVOCATE) AND: 1. UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, NEW DELHI 110001 2. THE REGIONAL PASSPORT OFFICER BENGALURU HAVING OFFICE AT REGIONAL PASSPORT OFFICE BENGALURU, 8TH BLOCK 80 FEET ROAD, KORAMANGALA BENGALURU 560095 …RESPONDENTS (BY SRI. UNNIKRISHNAN M., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7236 WP No. 4303 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE PASSPORT RENEWAL APPLICATION PREFERRED BY THE PETITIONER (ANNX-E) AND RENEW/RE-ISSUE THE PETITIONERS PASSPORT (ANNX-A) FOR A PERIOD OF 10 (TEN) YEARS IN ACCORDANCE WITH RULE 12 OF THE PASSPORT RULES, 1980 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that the impugned endorsement has been issued declining to renew the passport on the ground that there is a criminal case pending against the petitioner. However, attention of this Court is drawn to Annexure-J, which is an order passed for this Court in Crl.P.No.12162 of 2024 on I.A. No.1/2024 that the petitioner herein, who is petitioner No.2 in the said petition is one of the Directors of the company and company is not made as an accused and the investigation is on. In that view of the matter, interim order of stay has been passed staying the investigation and all further proceedings in Crime No.261 of 2024 on - 3 - NC: 2025:KHC:7236 WP No. 4303 of 2025 the file of the 4th ACMM, Bengaluru insofar as the petitioners are concerned. Attention of this Court is also drawn to a decision of a Co-ordinate bench of this court in the case of Sharath Chandrashekhar/vs./ Union of India and others in W.P.No.18066 of 2023 dated 14.02.2024, where it was held that having regard to notification No.GSR570(E) dated 25.08.1993 issued by the Ministry of External Affairs, clarification has been issued that mere filing of FIRs and cases under investigation would not come under the purview of Section 6(2)(f) of the Passport Act and the criminal proceedings would only be considered when pending and the concerned court has taken cognizance of the offence, which would presuppose that the charge sheet has been filed by the Officer-in- charge of a police station. 2. Learned Central Government Counsel on instructions submits that if this is the only case pending or registered against the petitioner, the Regional Passport Officer will reconsider the application. - 4 - NC: 2025:KHC:7236 WP No. 4303 of 2025 3. Accordingly, the writ petition is allowed. The impugned endorsement at Annexure–F, dated 27.11.2024 is hereby quashed and set aside. The Regional Passport Officer shall reconsider the application filed by the petitioner for renewal of his passport, as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of copy of this order. Sd/- (R DEVDAS) JUDGE KLY CT: JL