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2025 DAILYLAW 56224 (KAR)

SUDHIR T v. UNION OF INDIA

WP/24929/2025 · 2025-09-08

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35066 WP No. 24929 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24929 OF 2025 (GM-PASS) BETWEEN: SUDHIR T AGED ABOUT 64 YEARS, C/O THYAGARAJAN S R/AT NO.515, KBL GARDENIA, 2ND PHASE NEAR BASAVANAPURA VIJAYNAGAR 4TH STAGE, MYSORE-570032. …PETITIONER (BY SRI. SUNIL S NARAYAN.,ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS NEW DELHI-110001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35066 WP No. 24929 of 2025 2. REGIONAL PASSPORT OFFICE BENGALURU, 8TH BLOCK, 80 FEET ROAD KORAMANGALA BENGALURU-560095. …RESPONDENTS (BY SRI.ADITYA SINGH., CGC) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ENDORSEMENT / ORDER DATED 07.04.2025, ISSUED BY THE R-2 AT ANNX-F; DIRECT THE R-2 ISSUES THE PASSPORT IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35066 WP No. 24929 of 2025 ORAL ORDER The petitioner, a permanent resident of Mysuru, has called in question the second respondent's Endorsement dated 07.04.2025 [Annexure-F]. The second respondent, with reference to the petitioner's application dated 17.03.2025 for passport, has informed the petitioner that there is a pending proceeding in Crime No. 135/2014 as per the police verification report and that he must furnish proof of clearance. Sri Sunil S Narayan, the learned counsel for the petitioner, and Sri Aditya Singh, the learned Central Government Counsel for the respondents, are heard for final disposal of the petition. The petitioner proposes to travel abroad to attend his daughter's wedding scheduled to be held on 07.11.2025 in Abu Dhabi, UAE. The petitioner does not dispute that a criminal case is pending against him in C.C. No.345/2020 [arising out of Crime No.135/2014] and that in terms of the - 4 - HC-KAR NC: 2025:KHC:35066 WP No. 24929 of 2025 Guidelines of the Central Government in No.G.S.R. 570(E) dated 25.08.1993 when criminal proceedings are pending, the second respondent will process the application for issuance/re-issuance of passport only when travel permission is granted by the concerned Court. In the circumstances, this Court is of the view that the petition must be disposed of with liberty to the petitioner to approach the concerned Court with an application calling upon the said Court to consider the petitioner's application expeditiously while also calling upon the second respondent to process the petitioner's request for passport expeditiously if there is permission to travel. Hence the following: ORDER The petition is disposed of reserving liberty to the petitioner to file an application in C.C. No.345/2020 for permission to travel. If the petitioner files - 5 - HC-KAR NC: 2025:KHC:35066 WP No. 24929 of 2025 this application within a week from today, the concerned Court may decide on such application within two weeks. [b] The petitioner is reserved with liberty, if there is permission to travel by the concerned Court, to file appropriate copies with the second respondent, who shall consider the same in time for the petitioner to travel abroad to attend his daughter's wedding. SD/- (B M SHYAM PRASAD) JUDGE AN/-