Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41204 WP No. 31333 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31333 OF 2025 (GM-PASS) BETWEEN:
1.
CHETAN GRANDHIGE RAJA S/O GRANDHUGE RAJIAH NATARAJ, AGED ABOUT 53 YEARS,
2.
ASHWINI OZA W/O CHETAN GRANDHIGE RAJA, AGED ABOUT 51 YEARS,
BOTH ARE RESIDING AT RAJA FARM 11TH KM, DODDAKALSANDRA, 9TH PHASE, JP NAGAR, KONANKUNTE CROSS, BENGALURU-560062
…PETITIONERS (BY SRI. BIPIN HEGDE.,ADVOCATE)
AND:
1.
THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, PATTALA HOUSE ANNEXE, TILAKMARG, NEW DELHI-110001.
2.
THE REGIONAL PASSPORT OFFICER, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE 560 095.
…RESPONDENTS
(BY SRI. SHANTI BHUSHAN H., DSGI FOR R1 & R2)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41204 WP No. 31333 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO P-1 IN FILE NO. BN1075685669425 AND P-2 IN FILE NO. BN1075682987125 AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Accepting the reasons stated in support of IA No.1/2025, production of certified copy of Annexure-J is dispensed with. Accordingly, IA No.1/2025 is allowed. 2. Sri.Shanthi Bhushan.H., learned DSGI is directed to accept notice for respondents No.1 and 2. 3. The petitioners are before this Court seeking for the following reliefs; a. Call for the records pertaining to petitioner no.1 in file No. BN1075685669425 and Petitioner No.2 in the file No. BN1075682987125;
b. Issue a writ in the nature of certiorari to quash the notice issued by the respondent No.2 in SCN/1050603875/25 dated 06.10.2025 against the petitioner No.1 vide Annexure-D.
c. Issue a writ in the nature of certiorari to quash the notice issued by the R2 in OBJ/1050824579/25 dated
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HC-KAR NC: 2025:KHC:41204 WP No. 31333 of 2025
14.10.2025 against the petitioner No.2 vide Annexure- J.
d. Issue a writ in the nature of mandamus directing the R2 to issue passport to the petitioner No.2 as per Passport rule without any restriction in the interest of justice at the earliest. e. To grant such other relief or reliefs as this Court deems fit to grant in the facts and circumstances of the case. 4. The petitioners No.1 and 2 are husband and wife having 2 children and are permanently residing in Bangalore carrying on the business of jewelry designers. Each of them had been issued with passports as regards which they had submitted an application for renewal/reissuance. 5. It is stated that though a passport had been issued to petitioner No.1 having validity until 03.06.2029 due to exhaustion of pages in the said passport petitioner had filed an application for issuance of a passport with additional pages which also came to be issued. Thereafter respondent No.2 issued a show- cause notice dated 06.10.2025 to petitioner No.1 calling upon to provide suitable explanation in
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HC-KAR NC: 2025:KHC:41204 WP No. 31333 of 2025
respect of the police verification report received from Konankunte Police Station as regards the registration of Crime No.195 of 2024. 6. Reply to the same was issued on 12.10.2025, informing about the stay of the said proceedings by this Court in Crl.P.No.8261/2024. 7.
Insofar as petitioner No.2 is concerned a passport was also issued to petitioner No.2 having validity until 03.06.2029, due to exhaustion of pages in the said passport petitioner No.2 had also filed an application for issuance of a passport, which was not so issued but a clarification had been sought for by a respondents as regards the criminal cases pending against the petitioner No.2. 8. Petitioner No.2 replied to the same on 12.10.2025 in a similar manner indicating the stay of Crime No.195 of 2024 in Crl.P.No.8261/2024 and the B-report having been filed in crime No.606/2024. - 5 -
HC-KAR NC: 2025:KHC:41204 WP No. 31333 of 2025
9. Despite the clarification having been issued, no passport has been issued but a letter dated 14.10.2025 calling upon the petitioners to submit details of the clearing of the criminal cases. It is in that background that the petitioners are before this Court seeking for the aforesaid reliefs. 10. Sri.Bipin Hegde., learned counsel for the petitioner would submits that the petitioners are unable to provide proof of clearance in the case inasmuch as a stay order has been granted by this Court in Crime No.195 of 2024. However, insofar as Crime No.606 is concerned B-report has been filed which is pending acceptance by the concerned Court. however, he submits that no cognizance has been taken in relation thereto. 11. From the material on record it being clear that insofar as Crime No.606 of 2024 is concerned a B- report though filed is yet to be considered by the Magistrate. Insofar as Crime No.195 of 2024 the
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HC-KAR NC: 2025:KHC:41204 WP No. 31333 of 2025
same having been stayed before this Court, there is no charge sheet which has been filed against the petitioner which is pending consideration in any of the matters. 12.
In that background, the petitioners cannot be deprived of their right to travel under Article 21 of the constitution India, by the non-renewal or non- issuance of a passport by the respondent-Authorities. 13. In the background, I pass the following;
ORDER i. The writ petition is partly-allowed. ii. A certiorari is issued, notice issued by respondent No.2 in SCN/1050603875/25 dated 06.10.2025 against the petitioner No.1 at Annexure-D and notice issued by respondent No.2 in OBJ/1050824579/25 dated 14.10.2025 against petitioner No.2 at Annexure-J are quashed.
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HC-KAR NC: 2025:KHC:41204 WP No. 31333 of 2025
iii. Petitioners are
directed to furnish all the documents pertaining to the above matter to respondent No.2 within two days from today. iv. Respondent No.2 is directed to consider the documents furnished by the petitioners and pass necessary orders of renewing/reissuing the passport of the petitioners No.1 and 2 with full validity within a period of one week from the date of the petitioners filing their respective documents.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR/List No.: 1 Sl No.: 46