- 1 - NC: 2025:KHC:14961 WP No. 8317 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8317 OF 2025 (GM-PASS) BETWEEN: SRI. S. SAYEED IQBAL, S/O C.A. SANAULLA, AGED ABOUT 45 YEARS, R/AT NO. 641, WARD NO. 08, NEAR DAR POLICE OFFICE, KHADRI MOHALLA, KOLAR, KARNATAKA - 563 101. (ADDRESS AS PER AADHAR CARD) …PETITIONER (BY SRI. MARUTI NAIK, ADVOCATE FOR SRI. NAIK VENKATRAMAN NAGAPPA, ADVOCATE) AND: 1. THE UNION OF INDIA, DEPARTMENT OF MINISTRY OF EXTERNAL AFFAIRS, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.27, PATIALA HOUSE, TILAK MARG, NEW DELHI - 110 001, REPRESENTED BY SECRETARY TO THE GOVERNMENT. 2. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, BANGALORE, 8TH BLOCK, 80 FEET ROAD, KORMANGALA, BANGALORE - 560 095, KARNATAKA. …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DSGI) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14961 WP No. 8317 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATION NO. BN107413573525 FILED BY THE PETITIONER FOR ISSUANCE OF PASSPORT VIDE ANNX- B DATED 18.02.2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers. "a. Issue a Writ in the nature of Mandamus, directing the 2nd Respondent to consider the application No.BN107413573525, filed by the Petitioner for issuance of Passport, vide ANNEXURE-B dated 18.02.2025 and b. Direct the second respondent to issue the passport by considering the application vide ANNEXURE-B dated 18.02.2025 filed by the petitioner, and c. Pass any other writ or order or direction deems fit on the fact and circumstances of this case, in the interest of justice and equity." 2. Heard Shri Maruti Naik, learned counsel for Shri Naik Venkatraman Nagappa, learned counsel appearing for - 3 - NC: 2025:KHC:14961 WP No. 8317 of 2025 the petitioner and Shri H. Shanthi Bhushan, learned Deputy Solicitor General of India appearing for the respondents. 3. The petitioner holds an Indian passport. During the subsistence of the passport gets embroiled in a crime in crime No.11/2009 registered for the offences punishable under Sections 465, 468, 471, 419, 420 read with 34 of the Indian Penal Code, 1860 and Section 12(1)(b)(d)(e) of the Passports Act, 1967. Pursuant to the registration of the crime and the conduct of the trial, the passport appears to have been seized. Petitioner gets convicted of the said offence and is sentenced to imprisonment for a period of one year. The conviction for a period of one year was challenged before the Apex Court in Crl.A.No.3030/2024. The Apex Court modifies the same and reduces the sentence to two months of imprisonment. In that light, the petitioner had already spent the said two months, therefore comes out of the prison. The petitioner then submits an application for reissuance of the passport with the respondent - passport authority, which goes unheeded. Therefore, the petitioner is before this Court. - 4 - NC: 2025:KHC:14961 WP No. 8317 of 2025 4. Shri H. Shanthi Bhushan, learned Deputy Solicitor General of India would submit that if a fresh application is submitted, it would be considered in accordance with law. As on today, the petitioner does not suffer any impediment, as no FIR is pending against him nor any charge sheet for the passport authorities to deny the issuance of a regular validity passport. 5. In that light, I deem it appropriate to direct the petitioner to file a fresh application, within the next two weeks and the passport authorities to consider and issue the passport in accordance with law, within the next two weeks, thereafter. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 18 CT: BHK