Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6925 WP No. 16370 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 16370 OF 2024 (GM-PASS) BETWEEN:
SRI. NAVEEN KUMAR, S/O. GOVIND SWAMY VENKATAPPA, AGED ABOUT 45 YEARS, R/AT 755/66, 1ST MAIN ROAD, VYALIKAVAL, BENGALURU - 560 003. …PETITIONER (BY SRI. RUDRAPPA P, ADVOCATE) AND:
1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REGIONAL PASSPORT OFFICE, REPRESENTED BY REGIONAL PASSPORT OFFICER, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095. 2. THE REGIONAL PASSPORT OFFICE, PASSPORT SEVA KENDRA, BENGALURU, LALBAGH, NO.45, PRESTIGE LIBRA, NEAR URVASI THEATER, LALBAGH MAIN ROAD, BENGALURU, KARNATAKA - 560 027. REPRESENTED BY ITS GRANTING OFFICER. Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:6925 WP No. 16370 of 2024
3. STATE BY UPPARPET POLICE STATION, GANDHINAGAR, BENGALURU - 560 009, REPRESENTED BY PUBLIC PROSECUTOR. …RESPONDENTS (BY SRI. RESHMA THAMMAIAH, CGC FOR R1 AND R2;
SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION LETTER REF. NO. FCI/318032991/2024 ISSUED BY THE R-2 DATED 22.05.2024 THE SAME IS PRODUCED AT ANNX-D 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 The petitioner who had applied for renewal of his passport is aggrieved of the impugned Endorsement at Annexure-D dated 22.05.2024 issued by the 2nd respondent-Regional Passport Officer. It is stated in the impugned acknowledgment that there are adverse remarks in the police verification report that a criminal case is pending against the petitioner before the learned V Additional ACMM Court in C.C.No.34376/2023, and therefore a passport cannot be issued to the petitioner. - 3 -
NC: 2025:KHC:6925 WP No. 16370 of 2024
2. Learned counsel for the petitioner however, seeks to place reliance on a decision of a Coordinate Bench of this Court in the case of Smt Ramani Vs. Union of India in W.P.No.19617/2022 dated
28.10.2022.
It is submitted that even if a criminal case is pending against the applicant, the Regional Passport Officer can consider the request for renewal of the passport or for a travel visa in terms of notification bearing No.GSR 570(E) dated 25.08.1993 issued by the Ministry of External Affairs, Government of India. The said notification provides that a passport may be issued to every such citizen for a period specified in the order of the Court where such criminal matters are pending, if the Court specifies a period for which the passport has to be issued or if no period either for issuance of the passport or for travel abroad is specified in the order, the passport shall be issued for a period of one year, which is known as a short validity passport. Learned counsel for the petitioner therefore submits that a short-validity passport should be directed to be issued to the petitioner. - 4 -
NC: 2025:KHC:6925 WP No. 16370 of 2024
3. Learned Central Government Counsel does not dispute the fact that the notification GSR 570(E) provides for the issuance of short validity passports. In fact, at Annexure-R10 along with the statement of objections filed at the hands of the respondents, is the notification dated 25.08.1993-GSR 570(E). In that view of the matter, the writ petition is partly allowed. The impugned endorsement at Annexure-D dated 22.05.2024 is hereby quashed and set aside. The matter stands remitted back to the 2nd respondent-Regional Passport Officer, to reconsider the application filed by the petitioner for the issuance of a short validity passport in terms of notification bearing No.GSR 570(E) dated 25.08.1993. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 11 CT: BHK