- 1 - HC-KAR NC: 2025:KHC:31758 WP No. 21473 of 2025 C/W WP No. 21580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21473 OF 2025 (GM-PASS) C/W WRIT PETITION NO. 21580 OF 2025 (GM-PASS) IN WP No. 21473/2025 BETWEEN: ALKESH VINOD SHAH S/O. VINOD KANJI SHAH AGED ABOUT 42 YEARS RESIDING AT KALPAVRUKSH HOMES NO. 5, 1ST FLOOR 1ST MAIN UPPER PIPE LINE ROAD KUMARA PARK WEST BANGALORE 560 020 ALSO AT - KALPAVRUKSHA HOMES NO. 51, MAIN, 1ST FLOOR CHAKRAVARTHY IYENGAR EXTENSION, SHESHADRIPURAM BENGALURU 560020. …PETITIONER (BY SRI. THANISH RAO.,ADVOCATE FOR SRI. NIKIT BALA, ADOVCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31758 WP No. 21473 of 2025 C/W WP No. 21580 of 2025 AND: 1. THE UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS REPRESENTED BY ITS SECRETARY NEW DELHI 110 011. 2. PASSPORT AUTHORITY OF INDIA REPRESENTED BY ITS CHIEF PASSPORT OFFICER PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS ROOM NO. 8. PATIALA HOUSE TILAK NARG NEW DELHI-110011. 3. REGIONAL PASSPORT OFFICE REPRESENTED BY ITS REGIONAL PASSPORT OFFICER 80 FEET ROAD 8TH BLOCK, KORAMANGALA BENGALURU - 560 095. …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DSG) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LETTER DATED 01/04/2025 BEARING FILE NO. BN1077498683725 AND LETTER REF. NO. OBJ/321279607/25 (ANNEXURE-J) ISSUED BY RESPONDENT NO. 3; DIRECT THE RESPONDENTS TO FORTHWITH ALLOW THE PETITIONERS APPLICATION BEARING FILE NO. BN1077498683725 DATED - 3 - HC-KAR NC: 2025:KHC:31758 WP No. 21473 of 2025 C/W WP No. 21580 of 2025 23/02/2025 FOR RENEWAL AND ISSUANCE OF HIS PASSPORT NO. Z4692237, AND CONSEQUENTLY, RENEW AND ISSUE A FRESH PASSPORT TO THE PETITIONER IN ACCORDANCE WITH LAW. IN WP NO. 21580/2025 BETWEEN: ALKESH VINOD SHAH S/O VINOD KANJI SHAH, AGED ABOUT 42 YEARS, R/AT KALPAVRUKSH HOMES, NO.5, 1ST FLOOR, 1ST MAIN UPPER PIPE LINE ROAD, KUMARA PARK WEST, BANGALORE-560020. ALSO AT KALPAVRUKSHA HOMES, NO.51, MAIN 1ST FLOOR, CHAKRAVARTHY IYENGAR EXTENSION, SHESHADRIPURAM, BENGALURU-560020. ...PETITIONER (BY SRI. THANISH RAO., ADVOCATE FOR SRI. NIKIT BALA, ADVOCATE) AND: 1. THE UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY, NEW DELHI-110011. - 4 - HC-KAR NC: 2025:KHC:31758 WP No. 21473 of 2025 C/W WP No. 21580 of 2025 2. PASSPORT AUTHORITY OF INDIA REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110011. 3. REGIONAL PASSPORT OFFICE REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560095. ...RESPONDENTS (BY SRI.SHANTHI BHUSHAN H., DSG) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO SET ASIDE THE LETTER DATED 01/04/2025 BEARING FILE NO. BN1077498683725 AND LETTER REF. NO. OBJ/321279607/25 (ANNEXURE-E) ISSUED BY RESPONDENT NO. 3; DIRECT THE RESPONDENTS TO FORTHWITH CONSIDER AND ALLOW THE PETITIONERS APPLICATION BEARING FILE NO. BN1077498683725 DATED 19/03/2025 FOR RENEWAL AND ISSUANCE OF HIS PASSPORT NO.Z4692237, AND CONSEQUENTLY, RENEW AND ISSUE A FRESH PASSPORT TO THE PETITIONER IN ACCORDANCE WITH LAW ANNEXURE-D. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 5 - HC-KAR NC: 2025:KHC:31758 WP No. 21473 of 2025 C/W WP No. 21580 of 2025 ORAL ORDER The petitioner's application for re-issuance of passport is not considered because of the criminal proceedings in Crime No.162/2017, Crime No.50/2021 and Crime No.131/2017 with Srirampura Police Station, Bengaluru. The petitioner contends that if the proceedings in Crime No.162/2017 is quashed by this Court in Criminal Petition No.7516/2022 which is decided on 26.03.2025, the proceedings in Crime No.50/2021 is stayed by this Court in Criminal Petition No.8419/2025 and that he has applied with the learned Magistrate in Crime No.131/2017 for directions to re-issue passport. 2. Sri Thanish Rao, the learned counsel for the petitioner, requests this Court to direct the respondents to re-issue the passport in the light of the afore circumstances and also the fact that the petitioner is admitted to bail in all these matters with - 6 - HC-KAR NC: 2025:KHC:31758 WP No. 21473 of 2025 C/W WP No. 21580 of 2025 no restriction on travel abroad. The learned counsel further submits that though the renewal is not considered because of the proceedings in Crime Nos.162/2017 and 50/2021, the petitioner in filing these petitions is making a full disclosure in disclosing the proceedings in Crime No.131/2017. 3. Sri H Shanthi Bhushan, the learned Deputy Solicitor General for the respondents, relying upon the Guidelines notified in No.G.S.R. 570(E) dated 25.08.1993, submits that this Court may dispose of the petition with liberty to the petitioner to apply with the respondents with leave from the concerned Court. The learned Deputy Solicitor General does not dispute that all the proceedings could relate to a complaint filed by the petitioner's uncle because of certain inter se transactions as partners of a firm. 4. In rejoinder, Sri Thanish Rao submits that the petition could be disposed of with - 7 - HC-KAR NC: 2025:KHC:31758 WP No. 21473 of 2025 C/W WP No. 21580 of 2025 liberty to the petitioner to pursue the application filed with the learned Magistrate in Crime No.131/2017 and to withdraw the application for permission filed in Crime No.50/2021 with the learned Magistrate and file appropriate application in the pending proceedings before this Court in Criminal Petition No.8419/2025. 5. These submissions are considered, and this Court is of the view that if the petitioner's request for re-issuance of passport must be considered, he must bring to the respondent's notice that he has succeeded in the criminal petition in No.7516/2022 insofar as the proceedings in Crime No.162/2017 and that he has appropriate permission or direction to the authorities in the other two pending proceedings. Hence, the following: ORDER The petitions stand disposed of with liberty to the petitioner: - 8 - HC-KAR NC: 2025:KHC:31758 WP No. 21473 of 2025 C/W WP No. 21580 of 2025 [a] To file a certified copy of the Order dated 26.03.2025 in the criminal petition in Crl.P.No.7516/2022 with the respondents for renewal of his passport. [b] Pursue his application with the learned Magistrate in Crime No.131/2017 for directions calling upon the learned Magistrate to consider the application expeditiously, [c] To withdraw the application filed in Crime No.50/2021 with liberty to apply for permission in the proceedings before this Court in the criminal petition in Crl.P.No.8419/2025. Sd/- (B M SHYAM PRASAD) JUDGE AN/-