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2025 DAILYLAW 58098 (KAR)

MIDHUN CHANDRAN, v. UNION OF INDIA

WP/32792/2024 · 2025-11-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44323 WP No. 32792 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32792 OF 2024 (GM-PASS) BETWEEN: MIDHUN CHANDRAN, AGED ABOUT 31 YEARS, S/O. CHANDRAN, NANDANAM, NAREEKAMVALLY, MANDOOR VIA, KANNUR, KERALA-670 504. …PETITIONER (BY SMT.RAJITHA T O., ADVOCATE) AND: 1. UNION OF INDIA BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D, JANPATH, NEW DELHI-110 011. 2. THE JOINT SECRETARY MINISTRY OF EXTERNAL AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D, JANPATH, NEW DELHI-110 011. 3. REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H, DSGI FOR R1 TO R3) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44323 WP No. 32792 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO DIRECT R3 TO RENEW/REISSUE THE PASSPORT OF THE PETITIONER BASED ON THE ONLINE APPLICATION BEARING NO.BN1076718157924 DATED 04.07.2024 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following relief: "To direct respondent No.3 to renew/reissue the passport of the petitioner based on the online application bearing No.BN1076718157924 dated 04.07.2024 vide Annexure-C". 2. The petitioner having made an application for renewal/re-issuance of his passport by submitting an online application on 04.07.2024 - Annexure-C, - 3 - HC-KAR NC: 2025:KHC:44323 WP No. 32792 of 2024 the same not having been issued, the petitioner is before this Court. 3. Notice having been issued, learned Deputy Solicitor General of India has entered appearance for respondents. He submits that the said passport could not be renewed in view of a Red Corner Notice issued by the Interpol as also various criminal proceedings which are pending where charge sheets have been laid against the petitioner. His submission is that since there are multiple proceedings which are pending, it would be for the petitioner to approach the concerned Court seized of those matters seeking permission for the purpose of issuance of passport and for travel and this submission he makes for the reason that the Interpol in the Red Corner Notice has categorically indicated that the petitioner is "Dangerous, Escape Risk, Violent". His stress is on the word "Escape Risk" inasmuch as he submits that if a passport is - 4 - HC-KAR NC: 2025:KHC:44323 WP No. 32792 of 2024 issued and if the petitioner were to travel abroad, then the petitioner being a flight risk, the proceedings pending before the trial Courts could be adversely affected. 4. In that view of the matter, taking into account the peculiarity of these facts, I deem it fit to afford an opportunity to petitioner to file necessary applications in the pending proceedings making his intention clear about his travel and if the Courts were to be of the considered opinion that such travel could be permitted could direct re-issuance of a passport which the respondent/s would be bound to issue. 5. The aspect of stay of some of the proceedings before this Court also ought not to come in the way of the trial Courts considering the said application. Since the consideration of the application is not in furtherance of any trial proceedings but as regards - 5 - HC-KAR NC: 2025:KHC:44323 WP No. 32792 of 2024 an incidental proceeding which could be so considered. 6. With the above observation, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SBN List No.: 1 Sl No.: 53