- 1 - HC-KAR NC: 2025:KHC:30221 WP No. 23261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23261 OF 2025 (GM-PASS) BETWEEN: P A MARDHU MUTHU S/O. P K ANNAMALAI AGED ABOUT 49 YEARS NO 873, NEW NO 22/1-2, 12TH MAIN 4TH CROSS, DR K K HEBBAR ROAD, HANUMANTHANAGAR, GAVIPURAM EXTENSION BANGALORE 560 019. …PETITIONER (BY SRI. SANJAY YADAV B.,ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS JAWAHARLAL NEHRU BHAVAN 23-D JANPATH NEW DELHI-110011. 2. THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, BANGALORE REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE 560 001. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30221 WP No. 23261 of 2025 3. THE STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION BANGALORE REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE 560 001. 4. REGIONAL PASSPORT OFFICER HAVING ITS OFFICE AT 8TH BLOCK, 80 FEET ROAD, KORAMANGALA BENGALURU-560 096. …RESPONDENTS (BY SRI. VINAY V., CGSC FOR R1 AND R4; SMT. NAVYA SHEKHAR, AGA FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 4TH RESPONDENT TO CONSIDER THE APPLICATION REFERENCE NO.(ARN) 24-1008352873 VIDE ANNEXURE-B AND RE-ISSUE PASSPORT OF THE PETITIONER BEARING NO. N4188360 FOR A PERIOD OF ONE YEAR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has lost his original Passport [No. N4188360], and he has filed an application with the fourth respondent for issuance of a fresh Passport. However, it is undisputed that the petitioner - 3 - HC-KAR NC: 2025:KHC:30221 WP No. 23261 of 2025 admittedly stands trial in criminal proceedings in C.C. Nos.37088/2022 and 7169/2023 and that these proceedings are at the instance of his wife with whom he is presently estranged. The Union of India has notified the Official Memorandum dated 10.10.2019 providing inter alia for a mechanism when there is a request for renewal or re-issuance of a passport during the pendency of the criminal proceedings. Sri Sanjay Yadav B, the learned counsel for the petitioner, Sri Vinay Venugopal, the Central Government Standing Counsel, who is called upon to accept notice for the first and fourth respondents, and Smt Navya Shekhar, a learned Additional Government Advocate who is called upon to accept notice for the second and third respondents, are heard. In the light of these circumstances, and this Court's consistent view that the concerned must apply for permission for renewal and issuance of - 4 - HC-KAR NC: 2025:KHC:30221 WP No. 23261 of 2025 passport with such Court before which the person stands trial and thereafter approach the fourth respondent for necessary re-issuance / renewal of the passport, the following: ORDER The petition stands disposed of reserving liberty to the petitioner to apply in the pending criminal proceedings calling upon the jurisdictional Court to consider such application expeditiously, and in any event within thirty [30] days from the date of such application. SD/- (B M SHYAM PRASAD) JUDGE AN/-