- 1 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25955 OF 2024 (GM-PASS) C/W WRIT PETITION NO. 25971 OF 2024 (GM-PASS) IN WP No. 25955/2024: BETWEEN: MR ISRAEL PAUL SON OF MR. I. SAMUEL, AGED ABOUT 47 YEARS, EXECUTIVE DIRECTOR M/s. FLATWORLD SOLUTIONS PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT NO. 6, OPP. BPCL PETROL BUNK, DODDABANASWADI, BENGALURU-560 043. …PETITIONER (BY SRI. POORNACHANDRA B PATTAR, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI-110 001. 2. PASSPORT AUTHORITY OF INDIA REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 3. REGIONAL PASSPORT OFFICE REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 6TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN, DSGI FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW THE PASSPORT OF THE PETITIONER BEARING NO. B7174582 FOR A PERIOD OF 10 (TEN) YEARS FROM THE DATE OF ISSUE. IN WP NO. 25971/2024: BETWEEN: MR ANAND MATHEWS S/O LATE MR.T.C MATHEWS, AGED ABOUT 52 YEARS, DIRECTOR M/s FLATWORLD SOLUTIONS PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT NO.6, OPP BPCL PETROL BUNK, DODDABANASWADI, BENGALURU-560 043. ...PETITIONER (BY SRI. POORNACHANDRA B PATTAR, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI-110 001. 2. PASSPORT AUTHORITY OF INDIA REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001. - 3 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 3. REGIONAL PASSPORT OFFICE REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 6TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095. ...RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DSGI FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RENEW THE PASSPORT OF THE PETITIONER BEARING NO.B9739447 FOR A PERIOD OF 10 (TEN) YEARS FROM THE DATE OF ISSUE. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER These petitions are filed seeking issuance of writ of mandamus directing the respondent authorities to renew the passport of the petitioners for a period of ten years from the date of the issue. 2. That there were certain criminal complaints filed against the petitioners resulting in initiation of criminal proceedings for offences punishable under Sections 323, 327, 342, 347, 348 and 386 read with Section 34 of IPC in Crime No.506 of 2019. - 4 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 3. That upon investigation a `B' report was filed by the jurisdictional police on 30.12.2019. A protest memo was filed by the complainant seeking reinvestigation which was allowed and jurisdictional police was directed to reinvestigate the matter. The Magistrate had taken cognizance and sworn statement of the complainant has been recorded. A criminal petition in Crl.P.No.9619/2024 has been filed by the petitioners and the aforesaid criminal proceedings have been stayed by order dated 05.02.2025. 4. The petitioners in the meanwhile filed applications under Section 6(2)(f) of the Passport Act, 1967 read with Rule 12(1) of the Passport Rules, seeking passport authority to renew the passport for a period of one year which was allowed and the passport was renewed accordingly for a period of one year. Thereafter applications were filed seeking renewal of passports for a period of ten years which were also allowed. The petitioners thereafter approached respondent authorities seeking renewal of passports for ten years which was declined on the premise that the order passed by the learned Magistrate does not specify the period of ten years. Aggrieved by the same petitioners are before this Court. - 5 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 5. Sri.Pramod Nair, learned Senior counsel appearing for the petitioners submit as per the notification dated 25.08.1993 issued under Reference No.GSR 570(E) by the Ministry of External Affairs, Government of India published in the Gazette of India, External Part II, any person against whom criminal proceedings are pending is required to apply and obtain an order from the concerned Court for the purpose of issuance of renewal of passport. He further submits in furtherance to the said requirement, petitioner had indeed filed an application under Section 6(2)(f) of the Passport Act, 1967 read with Rule 12(1) of the Passport Rules, 1980 seeking necessary direction in this regard before the X Additional Chief Metropolitan Magistrate (ACMM), Bengaluru with a specific prayer for renewal of passport for a period of ten years. He submits that said application came to be allowed by the learned ACMM by order dated 03.08.2024. He submits that subsequent to the said order petitioners approached the respondent authorities. Respondent authorities have orally informed the petitioners that since order passed by the ACMM does not indicate/direct that the passports shall be issued for a period of ten years, as such their request cannot be considered. - 6 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 6. Learned Senior counsel further submits respondent authorities are not even issuing renewal passports for a lesser period depriving the petitioners of their constitutional and fundamental rights. Hence, seeks for allowing of the petitions with necessary direction to renew the passports as sought for. 7. Sri.Shanthi Bhushan, learned Deputy Solicitor General, opposing the petitions submits that even though the petitioners had made applications seeking direction to renew the passport for a period of ten years, the learned Magistrate had merely allowed the said applications without specifying the period. Therefore the passport authority was justified in not entertaining the applications for renewal of passports for a period of ten years. He further submits that no formal applications have been filed by the petitioners either. Since it is now clarified that in the applications filed before the learned Magistrate there was a specific mention of about period of ten years, he fairly submits if formal applications are filed along with the above order, same would be considered in accordance with law. 8. Heard and perused the records. - 7 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 9. In the applications filed before the learned Magistrate petitioners have specifically sought for renewal of passports for a period of ten years which were admittedly allowed on 03.08.2024 which reads as under: 03.08.2024 This application filed by the accused No.2 seeking grant of renewal of his Passport. Ld. Sr. APP filed objection and sought for rejection of the application. Heard both sides. As per the Notification dated:25.08.1993 under Reference No.GSR 570(E) issued by the Ministry of External Affairs, Government of India and Published on Gazette of India Extraordinary Part II Section 3(1) the person against whom criminal proceedings are pending are required to produce order from the concerned Court for issuance and renewal of passport. I am of the view that taking into consideration the fundamental right of a citizen and considering the reasons assigned in the application the application needs to be allowed. Hence, this Court proceeds to pass the following: ORDER The application is hereby ALLOWED. The concerned Passport Authority is directed to renew and issue passport to the accused No.2 after compliance of due process of law. Call on 21.09.2024. XXIX ACJM 03.08.2024 ORDER This application filed by the accused No.3 seeking grant of renewal of his Passport. Ld. Sr. APP filed objection and sought for rejection of the application. Heard both sides. - 8 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 As per the Notification dated:25.08.1993 under Reference No.GSR 570(E) issued by the Ministry of External Affairs, Government of India and Published on Gazette of India Extraordinary Part II Section 3(1) the person against whom criminal proceedings are pending are required to produce order from the concerned Court for issuance and renewal of passport. I am of the view that taking into consideration the fundamental right of a citizen and considering the reasons assigned in the application the application needs to be allowed. Hence, this Court proceeds to pass the following: ORDER The application is hereby ALLOWED. The concerned Passport Authority is directed to renew and issue passport to the accused No.3 after compliance of due process of law. Call on 21.09.2024. XXIX ACJM 10. Thus, though the applications are allowed the aforesaid order do not specifically indicate the period of ten years. Be that as it is. Petitioners have complied with the requirement of the notification dated 25.08.1993 issued by the Ministry of External Affairs by approaching the jurisdictional Magistrate seeking direction to the passport authorities to renew the passports for a specific period of ten years. Non mentioning of the period in the order in the circumstances of this case cannot be a ground to decline the request of the - 9 - NC: 2025:KHC:18275 WP No. 25955 of 2024 C/W WP No. 25971 of 2024 petitioners. Petitioners are entitled for renewal of passports as sought for, for a period of ten years. Accordingly following: ORDER 1. Writ petitions are allowed. 2. Petitioners shall make fresh applications along with the order passed by the learned Magistrate and this order seeking renewal of their passports for a period of ten years within a period of ten days. 3. The respondent authorities shall consider such applications of the petitioners for renewal of passports for a period of ten years, within an outer limit of fifteen days thereafter. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 257