- 1 - HC-KAR NC: 2025:KHC:25385 WP No. 18815 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18815 OF 2025 (GM-PASS) BETWEEN: MR. BERTTIN SHAJI JOSEPH, S/O SHAJI CHACKO, AGED ABOUT 27 YEARS, R/O FLAT NO. 11, AMYRA MANSION, B NARAYANPURA, BENGALURU 560 016. …PETITIONER (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, JAWAHARALAL NEHRU BHAVAN, 23-D, JANPATH, NEW DELHI - 110 011. 2. STATE OF KARNATAKA, BY EXCISE INSPECTOR, SUB DIVISION - 10, BUD-5, BENGALURU CITY DISTRICT. 3. REGIONAL PASSPORT OFFICER, HAVING ITS OFFICE AT 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU 560 096. …RESPONDENTS (BY SRI. ADITYA SINGH., ADVOCATE FOR R1 AND R3) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25385 WP No. 18815 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 HEREIN TO CONSIDER THE PASSPORT APPLICATION BEARING ARN NO. 24-1012617221 FILED BY THE PETITIONER AND TO ISSUE A SHORT VALIDITY PASSPORT TO THE PETITIONER (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioner has sought for direction to respondent No.2 to consider passport application bearing ARN No.24-1012617221 filed by the petitioner and issue short validity passport. 2. It is noticed that the petitioner had sought for issuance of short validity passport in light of certain proceedings pending before the Criminal Court. 3. In light of the Notification G.S.R. 570(E) dated 25.08.1993 in the event of any matters pending before the Criminal Courts, petitioner is required to take permission from the Courts in which matters are pending. Rightly petitioner approached the Court before which proceedings are pending - 3 - HC-KAR NC: 2025:KHC:25385 WP No. 18815 of 2025 and had sought for permission by filing appropriate proceedings in Spl.CC.No.975/2022. However, the said application has been rejected. The relevant observation at para of the order of the Court is at para 11 and 12. "11. The learned advocate for accused No.7/applicant/Berttin Shaji Joseph submitted that the applicant is in need of short validity passport as such prays to pass necessary order and also relied on the decision of Hon'ble High Court of Karnataka in W.P.No.4204/2024 (GM-PASS) dt.29.02.2025, wherein also the Hon'ble High Court of Karnataka has rejected the petition, but directed the applicant to approach before the concerned Court and observed that Court shall not reject the application/permission for issuance of a short term validity passport on the ground of pendency of criminal case before it and also observed that the application shall clearly indicate the reason and intended date of travel from the shores of this nation and his return to the shores of this nation. 12. On perusal of the above said decision the Hon'ble High Court of Karnataka clearly mentioned that the applicant shall clearly indicate the reason and intended date of travel from the shores of this Nation and his return to the shores of this Nation. - 4 - HC-KAR NC: 2025:KHC:25385 WP No. 18815 of 2025 But no wherein the present petition the petitioner has not mentioned the intended date of travel from the country and the date of his return to the Country. As such, without the said particulars pleaded property the present application cannot be allowed. The petitioner/applicant/accused No.7/Berttin Shaji Joseph is at liberty to file fresh application with full particulars. With the above discussion, I answer point No.1 in the negative." 4. It is noticed that by plain reading would indicate that the Court has rejected the application stating that the reason and intended date of travel including from and return to the country is not mentioned. 5. The learned counsel for the petitioner has filed a memo and submits that the communication dated 26.11.2024 forwarded to the petitioner itself would reflect the dates of 12.01.2025 and 18.01.2025 which are the dates during which the event would be conducted. 6. Learned counsel for the petitioner submits that customized itinerary will be given only after the petitioner - 5 - HC-KAR NC: 2025:KHC:25385 WP No. 18815 of 2025 demonstrates that he has complied with all other requirements including presenting of passport. 7. Further it is submitted that the communication enclosed along with the memo provides for the dates of the events from 12.01.2025 to 18.01.2025 and entry into South Africa and departure and entry into India would be dates close to such dates. 8. Learned counsel appearing for the Central Government submits that it is for the Court to take an appropriate decision. Taking note of the submission of the petitioner, it is to be noticed that the petitioner may file an additional affidavit referring to this communication and indicating dates of travel outside the country and return. The affidavit if when read in conjunction with the communication of 26.11.2024 is to be taken to indicate the date of entry and exit. Upon such affidavit being filed along with the communication of 26.11.2024, the learned judge to reconsider the application, take note of the contents of the affidavit and the communication and pass orders. The dates of entry and exit has rightly stated by the petitioner would be dates near to the - 6 - HC-KAR NC: 2025:KHC:25385 WP No. 18815 of 2025 scheduled contained in the communication of 26.11.2024. Accordingly, the petition is disposed off. 9. If application is made before the Trial Court same to be disposed off within a period not later than three weeks. Sd/- (S SUNIL DUTT YADAV) JUDGE SHS List No.: 2 Sl No.: 9