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2025 DAILYLAW 71073 (KAR)

MR. MAQSOOD ALI v. UNION OF INDIA

WP/24540/2025 · 2025-09-24

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38579 WP No. 24540 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24540 OF 2025 (GM-PASS) BETWEEN: MR. MAQSOOD ALI S/O LT MR MEHAMOD ALI AGED ABOUT 64 YEARS R/AT ALI ESTATE VASUDEVAPURA BANGALORENORTH BANGALORE 560064. …PETITIONER (BY SRI. SHREERAM TIMMAPPA NAYAK., ADVOCATE) AND: UNION OF INDIA REP BY ITS SECRETARY REGIONAL PASSPORT OFFICE MINISTRY OF EXTERNAL AFFAIRS GOVEREMNT OFINDIA 8TH BLOCK Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38579 WP No. 24540 of 2025 80 FEET ROD KORAMANGALA BENGALURU 560095. …RESPONDENT (BY SMT. RESHMA K T., CGSC) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE NOTICE DATED 24.04.2025 ISSUED BY THE RESPONDENT VIDE LETTER DATED 24.04.2025 BEARING NO.SCN/321406619/25 SEEKING FOR WHY ACTION FOR IMPOUNDING SHOULD NOT BE TAKEN FOR ISSUANCE OF PASSPORT NUMBER Z8296117 AS PER ANNEXURE- A; B) QUASH THE NOTICE DATED 04.07.2025 ISSUED BY THE RESPONDENT VIDE LETTER DATED 04.07.2025 BEARING SCN/1049507702/25 SEEKING FOR WHY ACTION FOR IMPOUNDING SHOULD NOT BE TAKEN FOR ISSUANCE OF PASSPORT NUMBER Z8296117 UNDER SECTION 10(3) (E) AND SECTION 12(1)(B) OF THE PASSPORT ACT 1967 AS PER ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38579 WP No. 24540 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the notice dated 24.04.2025 [Annexure-A] and the petitioner seeks directions for withdrawal of impounding of the Passport. It is undisputed that the petitioner stands trial in C.C.No.24055/2023, and it is also undisputed that further proceedings in the aforesaid case is stayed by this Court in Crl.P.No.6693/2025. The petitioner is issued with a 'Full Tenure Passport' under the Tatkaal Scheme and the impugned notices are issued because after issuing of such passport, it is verified that the petitioner has suppressed pending proceedings. When queried, Sri Shreeram T Nayak, the learned counsel for the petitioner, fairly submits that, when the application was filed for issuance of Passport under the Tatkaal Scheme, the petitioner - 4 - HC-KAR NC: 2025:KHC:38579 WP No. 24540 of 2025 did not have the advantage of the interim order in the pending proceedings and that the order has come about after the application. Ms.Reshma K.T., the learned counsel for the respondent, submits that the petitioner will not be entitled for Passport until there is an acquittal but with the stay granted by this Court now being in operation, the respondent shall consider the petitioner's application, if filed, for issuance of a 'Short Validity Passport'. In the circumstances of the case, this Court finds the submission reasonable, and hence, the following: ORDER The petition stands disposed of reserving liberty to the petitioner to apply for a 'Short Validity Passport' with the respondent within a week from today and the respondent shall consider the same and communicate the decision within the - 5 - HC-KAR NC: 2025:KHC:38579 WP No. 24540 of 2025 next two [2] weeks but if the petitioner surrenders his Passport voluntarily. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr