- 1 - NC: 2025:KHC:3441 CRL.P No. 13994 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13994 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: MOHAMMED SALEEM ANSARI, AGED ABOUT 61 YEARS, SON OF MOHAMMED NASIM ANSARI, E123, NEELADRI MAHAL, 45/5, NANDIDURGA ROAD, BENGALURU - 560 046 …PETITIONER (BY SRI. BHARGAVA D.BHAT, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PULKESHI NAGAR P.S., BENGALURU 560 005 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE- 560001 2. PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 SRI. H.SHANTHI BHUSHAN, DSGI FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 22.10.2024 IN C.C.NO.28919/2015 PASSED BY THE J.M.F.C COURT – 1, MAYO HALL BENGALURU (HEREWITH PRODUCED AS ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3441 CRL.P No. 13994 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i. Allow this petition and set aside the order dated 22.10.2024 in C.C.No.28919/2015 passed by the Judicial Magistrate Traffic Court-I, Mayo Hall, Bengaluru (herewith produced as Annexure-A). ii. Consequently, allow the application dated 12.09.2024 seeking for no objection certificate for renewal/re-issuance of passport and direct the Judicial Magistrate Traffic Court-I, Mayo Hall, Bengaluru to grant a no objection certificate to the Petitioner for the renewal of his passport (as per Annexure-G); iii. Pass any other order that this Hon’ble Court deems fit.” 2. Heard learned counsel for the petitioner, learned Additional SPP for respondent No.1 and learned DSGI for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that C.C.No.28919/2015 is pending against the petitioner/accused for the alleged offences punishable under Sections 279, 337 and 338 of IPC and Sections 3(1) and 181 of Indian Motor Vehicles Act. During the pendency of the said proceedings, the petitioner - 3 - NC: 2025:KHC:3441 CRL.P No. 13994 of 2024 intended to travel abroad due to health grounds and filed the instant application dated 12.09.2024 seeking for a direction to issue No Objection Certificate (NOC) for the purpose of issuance of renewal of passport. The said application having been rejected by the trial Court, the petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner submits that though there is no specific prayer sought for by the petitioner for permission to travel outside India, having regard to his health condition, it is necessary that he travels abroad for the purpose of undergoing/taking treatment and that it was necessary to consider the said application/ request for permission to travel abroad by issuing a direction to respondent No.2-Passport Authority to issue short validity passport in favour of the petitioner for a period of one year as expeditiously as possible. 5. Per contra, learned DSGI for respondent No.2 fairly submits that in the event this Court were to permit the petitioner to travel abroad for the purpose of undergoing/taking treatment, respondent No.2 shall issue a short validity passport for a period of one year. - 4 - NC: 2025:KHC:3441 CRL.P No. 13994 of 2024 6. In view of the aforesaid facts and circumstances of the case, I deem it just and appropriate to set aside the impugned order and dispose of the petition issuing certain directions. 7. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 22.10.2024 passed in C.C.No.28919/2015 on the file of Judicial Magistrate Traffic Court-I, Mayohall, Bengaluru, are hereby set aside. iii) The application dated 12.09.2024 submitted by the petitioner is treated as application for permission to travel abroad and the same is accordingly allowed by permitting the petitioner to travel abroad for a period of one year for the purpose of taking/undergoing treatment. iv) Respondent No.2 shall issue a short validity passport in favour of the petitioner for a period of one year from the date of issuance immediately upon receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS;List No.: 1 Sl No.: 61