- 1 - HC-KAR NC: 2025:KHC:19935 WP No. 12923 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12923 OF 2025 (GM-PASS) BETWEEN: 1. RAJAT ULLAGADDIMATH S/O VISHWAPRAKASH ULLAGADDIMATH, AGED ABOUT 32 YEARS H.NO.10, ULLAGADDIMATH ROAD, DURGAD BAIL HUBBALLI-DHARWAD CITY-580 020. … PETITIONER (BY SRI. DEEPAK METHRE., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS REPRESENTED BY ITS CHIEF SECRETARY ROOM NO. 74B, GATE NO.4 SOUTH BLOCK, NEW DELHI - 110 011. 2. REGIONAL PASSPORT OFFICE BENGALURU HAVING OFFICE AT: 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU, KARNATAKA - 560 095. … RESPONDENTS (BY SMT. ANJU UDUPA, ADVOCATE) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19935 WP No. 12923 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED SHOW CAUSE NOTICE BEARING REF. NO. SCN/318440029/24 DATED 09.07.2024 ISSUED BY THE R-2 REGIONAL PASSPORT OFFICE, BENGALURU (ANNEXURE-B) AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for setting aside of the Show Cause Notice at Annexure-'B' dated 09.07.2024 and further, sought for issuance of writ of mandamus to respondent No.2 for issuance of short validity passport. Further, it is asserted that the respondent No.2 is not issued the short validity passport on the ground of pendency of criminal case against him. 2. The facts made out are that the petitioner had applied for and obtained the passport, as per the File at Annexure-'B' bearing No.BN3076580880324, which was issued on 27.05.2024. 3. It is the case of the respondent Passport Authorities that in light of suppression of facts, the - 3 - HC-KAR NC: 2025:KHC:19935 WP No. 12923 of 2025 impugned Show Cause Notice was issued to the petitioner as to why the Passport bearing No.Y2723465 issued on 27.05.2024 is not to be impounded under Section 10(3)(e) of the Passports Act, 1967 and further action under Section 12(1)(b) of Passports Act, 1967 is not to be initiated. As regards such notice, reply was made out as at Annexure-'C' dated 20.12.2024. The petitioner has then filed the present petition seeking for setting aside of the show cause notice as at Annexure-'B'. 4. Learned counsel appearing for the respondents submits that the petitioner is required to surrender the Passport bearing No.Y2723465 and upon surrender, taking note of pendency of criminal case against him which is admitted by the petitioner, the petitioner is to file an application before the concerned Court before which the Criminal case is pending and follow the procedure under GSR (570)E dated 25.08.1993. - 4 - HC-KAR NC: 2025:KHC:19935 WP No. 12923 of 2025 5. It is stated that permission to travel outside India has to be sought before the Court in which criminal case is pending with a prayer for exemption under Section 6(2)(f) of the Passports Act, 1967. Upon the concerned Court passing the order imposing conditions, the petitioner is then required to seek for short validity Passport in terms of the notification referred to above. 6. Taking note of the legal position as encapsulated in the order dated 04.12.2023 passed in W.P.No.24269/2023, the petition is disposed off, subject to the following conditions:- (i) Petitioner to surrender his Passport bearing No. Y2723465 before the Regional Passport Officer; (ii) Subsequently, the petitioner to approach the concerned Court and obtain permission to depart from the Country in terms of G.S.R.570(E) Notification dated 25.08.1993; (iii) Upon obtaining permission from the Court, the petitioner to then approach the Authority - 5 - HC-KAR NC: 2025:KHC:19935 WP No. 12923 of 2025 and file an application for issue of short validity Passport alongwith copy of the order of the Court granting permission. Upon such procedure being followed, the respondent Authority to pass appropriate order. 7. In case of regular Passport is concerned, the petitioner to follow the procedure as per law. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR