- 1 - HC-KAR NC: 2025:KHC:35511 WP No. 10344 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 10344 OF 2025 (GM-PASS) BETWEEN: NOORUDDIN S/O FAKRUDDIN AGED ABOUT 35 YEARS, R/AT, NO.229/A, 7TH CROSS, 1ST STAGE, GAYATHRIPURAM MYSORE-570019 …PETITIONER (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. REGIONAL PASSPORT OFFICER 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU, KARNATAKA-560095 2. STATE BY NAZARBAD PS Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35511 WP No. 10344 of 2025 MYSORE REP BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT COMPLEX OPP TO VIDHAN SAUDA BANGALORE - 560001 …RESPONDENTS (BY SRI. ADITYA SINGH, CGSC FOR R.1 SRI RAHUL CARIAPPA, AGA FOR R.2.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO ISSUE THE PASSPORT TO THE PETITIONER IN HIS NAME ON THE APPLICATION DATED 25/11/2024 IN FILE NO.BNY077158975124 ARN 24/1014256855 AT ANNX-A FILED BY THE PETITIONER THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35511 WP No. 10344 of 2025 ORAL ORDER The petitioner seeks direction to the first respondent for issuance of passport in terms of the Communication as per Annexure - A. The petitioner, in paragraph 9 of the petition, has adverted to the cases pending against him in the Court of the Judicial Magistrate at Shopian, Jammu and Kashmir. Sri Aditya Singh, the learned Central Government Standing Counsel for the first respondent, as also Sri.Rahul Cariappa, the learned Additional Government Advocate for the second respondent, are heard. These learned counsels point out that because the petitioner had remained absent the afore Court had issued warrant for arrest and they also state that even if the warrant is recalled, pendency of the proceedings can be a condition against grant of passport. This Court is of the view that given the circumstances of the present case with a warrant - 4 - HC-KAR NC: 2025:KHC:35511 WP No. 10344 of 2025 being issued once for non-appearance in the criminal proceedings, the petitioner must seek leave of the afore Court and then make an application. In the peculiarities, this Court, in exercise of the jurisdiction under Article 226 of the Constitution of India, cannot intervene with orders that would impede the completion of the proceedings in the pending case. As such, the petition stands disposed of but observing that it should always be open to the petitioner to approach the respondents for passport when so permitted by the Court. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr