- 1 - HC-KAR NC: 2025:KHC:37647 WP No. 25874 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.25874 OF 2025 (GM-PASS) BETWEEN: 1. SRI. AHMED SHARIFF, S/O MOHAMMED KHASIM SAB, AGED ABOUT 71 YEARS, RESIDING AT MUDIYAPPA BADAVANE, DIPO ROAD, KADUR, CHIKKAMAGALURU DISTRICT-577548. …PETITIONER (BY SRI. H.N. VENKATESH, ADVOCATE FOR SRI. MANJUNATH PRASAD H.N., ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY, SOUTH BLOCK, NEW DELHI-110 001. 2. PASSPORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37647 WP No. 25874 of 2025 ROOM NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001. 3. REGIONAL PASSPORT OF OFFICE, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095. REPRESENTED BY ITS REGIONAL PASSPORT OF OFFICER. …RESPONDENTS (BY SMT. RESHMA K.T., CGSC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION MORE PARTICULARLY ONE IN THE NATURE OF WRIT OF MANDAMUS DECLARING THE ACTION OF THE 3RD RESPONDENT IN NOT RENEWING / ISSUING PETITIONER’S PASSPORT BEARING NO.K1721041 PURSUANT TO THE APPLICATION VIDE FILE NO.BN1074603853122 DATED 16-11-2022 VIDE ANNEXURE-D ON THE GROUND OF ADVERSE POLICE VERIFICATION REPORT RELATING TO CRIME NO.154/2021, PENDING ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN SPL.CASE NO.181/2021 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 323, 324, 354, 504, 506, 149 OF IPC AND SECTION 3(1)(S), 3(2)(VA) OF SC/ST ACT, WHICH PROCEEDINGS ARE STAYED BY THIS HON’BLE COURT - 3 - HC-KAR NC: 2025:KHC:37647 WP No. 25874 of 2025 VIDE ORDER DATED 23-12-2021 IN W.P NO.23805/2021 AS ILLEGAL, ARBITRARY, UNCONSTITUTIONAL IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AND CONTRARY TO THE PROVISIONS OF PASSPORT ACT, 1967 AND CONSEQUENTLY DIRECT THE 3RD RESPONDENT TO RENEW / ISSUE FRESH PASSPORT TO THE PETITIONERS PASSPORT BEARING NO. NO. K1721041 WITHOUT REFERENCE TO THE SAID CRIMINAL CASE BEING STAYED BY THIS HONBLE COURT AND BE PLEASED TO PASS SUCH OTHER ORDER OR ORDERS AS MAY DEEMED FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE PRODUCED AT ANNEXURE-E AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The respondent has rejected the petitioner’s application for a passport way back in December 2022 after notice extending an opportunity because of the penal proceedings in Special Case No.181/2021 on the file of the First Additional - 4 - HC-KAR NC: 2025:KHC:37647 WP No. 25874 of 2025 District and Sessions Judge, Chikkamagaluru. It is pointed out without dispute that the petitioner has filed a writ petition in W.P.No.23805/2021 questioning the continuation of the proceedings in Special Case No.181/2021, and this Court has stayed further proceedings in such case. Significantly, this petition in W.P.No.23805/2021 is still pending consideration. This Court's consistent view has been that when an application for a passport, or renewal of the passport, is filed and there are criminal proceedings pending, the concerned must apply with the concerned Court for permission to travel and then renew the request as is required in terms of the Guidelines in No.GSR 570(E) dated 25.08.1993, [OM dated 10.10.2019]. As it is undisputed that this Court in W.P.23805/2021 has granted stay of the proceedings in Special Case No.181/2021, the petitioner must first seek permission in such - 5 - HC-KAR NC: 2025:KHC:37647 WP No. 25874 of 2025 proceedings and then approach the third respondent with an application for issuance of a passport. When so heard, Smt. Reshma K.T., the learned Central Government Counsel, submits that if a fresh application is filed with permission of this Court in W.P.No.23805/2021, the third respondent will consider the same expeditiously. Sri H. N. Venkatesh, the learned counsel for the petitioner, is heard in the light of the afore and the petition stands disposed of with liberty to the petitioner to apply with the third respondent for issuance of passport along with the permission that may be granted by this Court in W.P.No.23805/2021 calling upon the third respondent, if the application is filed along with the permission as aforesaid, to consider the same expeditiously. SD/- (B M SHYAM PRASAD) JUDGE MD List No.: 1 Sl No.: 12