- 1 - HC-KAR NC: 2025:KHC:31762 WP No. 19858 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. 19858 OF 2025 (GM-PASS) BETWEEN: SRI. HARISH KUMAR V SON OF LATE VENKATESH, AGED ABOUT 35 YEARS, RESIDING AT NO.16, 1ST CROSS, VISHWESHWARAIAH NAGAR, NEAR MANGALAKSHMI TEMPLE, SHAMPURA MAIN ROAD, BENGALURU - 560 045 …PETITIONER (BY SRI. EUGENE PRABHU B., ADVOCATE) AND: 1. THE PASSPORT OFFICER GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA BANGALORE - 560 095 2. THE JOINT SECRETARY AND CHIEF PASSPORT MINISTRY OF EXTERNAL AFFAIRS GOVERNMENT OF INDIA, CPV DIVISION, PATIALA HOUSE ANNEXE THILAK MARK, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31762 WP No. 19858 of 2025 NEW DELHI-110 001 …RESPONDENTS (BY SRI. ADITYA SINGH, CGSC) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER LETTER REF NO OBJ/320984021/25 DATED 05/03/2025, THE LETTER OF REJECTION IS HEREBY PRODUCED AND MARKED AS ANNEXURE-J PASSED BY RESPONDENT NO 1 REJECTING THE PETITIONERS PASSPORT APPLICATION; DIRECT THE RESPONDENTS TO PROCESS AND ISSUE A PASSPORT TO THE PETITIONER FORTHWITH, WITHOUT REFERENCE TO THE PENDING CRIMINAL CASE VIDE CC NO 68305/2024 PENDING ON THE FILES OF LEARNED HONBLE 11TH ADDL. CMM, MAYO HALL BANGALORE, SUBJECT TO VERIFICATIONDECLARE THAT MERE PENDENCY OF A CRIMINAL CASE VIDES CC NO 68305/2024 PENDING ON THE FILES OF LEARNED HONBLE 11TH ADDL. CMM, MAYO HALL BANGALORE WITHOUT COURT- IMPOSED TRAVEL RESTRICTIONS IS NOT A VALID GROUND TO DENY A PASSPORT UNDER SECTION 6(2)(f) OF THE PASSPORTS ACT, 1967. 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:31762 WP No. 19858 of 2025 ORAL ORDER The petitioner is aggrieved by the first respondent's Communication dated 05.03.2025 [Annexure - K], and the first respondent has caused this impugned Communication informing the petitioner that his request for renewal of the passport cannot be considered because of the pendency of a criminal case in Crime No.340/2023 [C.C.No.68305/2024]. Mr. Eugene Prabhu B, the learned counsel for the petitioner, submits that this Court may consider directing the respondents to renew/re-issue passport notwithstanding the afore proceedings because the petitioner only stands trial for the offence punishable under Section 498A of IPC with his estranged spouse initiating such proceedings. However, this Court's consistent opinion in view of the Central Government Guidelines in No.G.S.R. 570(E) dated 25.08.1993 is that the concerned must move an application with - 4 - HC-KAR NC: 2025:KHC:31762 WP No. 19858 of 2025 the criminal Court that is seized of the matter and then approach the Passport Authorities with a request for renewal/re-issuance. Therefore, the petition stands disposed of with liberty to the petitioner to file an application in the pending criminal proceedings requesting the concerned Court to consider the application expeditiously if filed. It is needless to observe that if the concerned Court permits the petitioner to travel and the petitioner files an application for re-issuance of passport, the respondent shall consider the petitioner's request accordingly at the earliest. Sd/- (B M SHYAM PRASAD) JUDGE RB