- 1 - HC-KAR NC: 2025:KHC:23931 WP No. 18920 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18920 OF 2025 (GM-PASS) BETWEEN: 1. SRI C RAMESH S/O LATE CHINNAPPA, AGED ABOUT 60 YEARS, RESIDING AT F-14, FORTUNA ICON APARTMENT, F BLOCK, SAHAKARANAGAR, BANGALORE 560 092. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. G.S.VENKAT SUBBARAO., ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI 110001. 2. THE REGIONAL PASSPORT OFFICER KORAMANGALA, BENGALURU 560034. …RESPONDENTS (BY SRI. ADITYA SINGH., DSGI FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT/ORDER DATED 30/05/2025 ENDORSED ON THE APPLICATION SUBMITTED SEEKING RENEWAL OF THE PASSPORT, BY THE REGIONAL PASSPORT OFFICER, KORAMANGALA, BENGALURU I.E. THE 2ND RESPONDENT VIDE ANNEXURE-C. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23931 WP No. 18920 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for setting aside of the impugned endorsement dated 30.05.2025 issued in connection with his application seeking renewal of the passport by the Regional Passport Officer. Petitioner has further sought for issuance of writ in the nature of mandamus directing respondent No.2 to consider his application seeking renewal of passport. 2. It is to be noticed that admittedly the validity of the passport issued earlier is due to expire. It is noticed that there are certain criminal cases pending as against the petitioner, which aspect is not in dispute. 3. Sri. Aditya Singh, learned Central Government Standing Council, submits that in terms of Notification GSR 570(E) dated 25.08.1993 petitioner if seeks for necessary orders to be passed by the trial court, same would be - 3 - HC-KAR NC: 2025:KHC:23931 WP No. 18920 of 2025 taken note of for the purpose of exemption of operation of clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967. 4. Perused the order passed in W.P. No. 18041/2025. Para No.5 of the said order reads as hereunder: "Learned CGC appearing for the Respondent - Union of India Mr. Aditya Singh submits that the only option for the Petitioner is to follow the procedure as provided under Notification No.570(E) which is dated 25.08.1993. Taking note of the power conferred under the GSR No.570(E), the power of exemption of operation of Clause (f) of subsection 2 of Section 6 of Passports Act, 1967 is provided for subject to the order of the Court where proceedings are pending as provided for under Clause A of GSR 570(E) which reads as follows: "(i) The provisions of GSR 570(E) may be strictly applied in all cases. GSR 570(E) is a statutory notification and hence forms part of the Rules. It is to be noted that as per Section 5(2) of the Passports Act, 1967, the passport authority shall by order in writing - 4 - HC-KAR NC: 2025:KHC:23931 WP No. 18920 of 2025 take a decision whether to issue or refuse a passport, after making such inquiry, if any, as it may consider necessary. Moreover, Section 7 of the Passports Act, provides that a passport or travel document may be issued for a shorter period than the prescribed period if the passport authority, for reasons to be communicated in writing to the applicant, considers in any case that the passport or travel document should be issued for a shorter period. Rule 12 of the Passport Rules, 1980 only states that an ordinary passport shall be in force for a period of 10 years which implies that an ordinary passport cannot be issued beyond a period of 10 years. (ii) Whenever an applicant is submitting a 'No Objection Certificate' (NOC) from a Court of law in India, the applicant should be advised that undertaking as per GSR 570(E) should be complete in all respects and should mention all the pending criminal cases against the applicant. The undertaking will have a note clearly stating that if any false or incomplete information is submitted by an applicant, then his passport application is liable to be rejected." - 5 - HC-KAR NC: 2025:KHC:23931 WP No. 18920 of 2025 5. Accordingly the petition is disposed off directing the petitioner to follow the procedure of obtaining orders in terms of the observations made above and approach the respondents seeking reissue of passport. Needless to state the trial Court is to dispose off the application expeditiously in light of the urgency pleaded. Needless to state the stay of further proceedings by the order of this Court in the criminal proceedings would not come in the way of the jurisdictional court in considering grant of permission sought to be obtained under the Passports Act. It is clarified that permission is to be sought for as regards all the criminal cases pending as against the petitioner. Sd/- (S SUNIL DUTT YADAV) JUDGE VP