Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54219 WP No. 37182 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37182 OF 2025 (GM-PASS) BETWEEN:
AJITH RANKA S/O LATE MAHAVEER RANKA, AGED ABOUT 51 YEARS, RESIDING AT NO.7, 30TH CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU - 560 041 …PETITIONER (BY SRI.DHIRAJ A.K., ADVOCATE) AND:
1.
UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, 74B, SOUTH BLOCK, NEW DELHI - 110 001.
2.
REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PASSPORT SEVA KENDRA, NO.45, PRESTIGE LIBRA, NEAR URVASHI THEATRE, LALBAGH MAIN ROAD, BENGALURU - 560 027. …RESPONDENTS (BY SMT.RESHMA K.T, CGC)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. TO QUASH THE
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:54219 WP No. 37182 of 2025
ACKNOWLEDGEMENT DATED 03.12.2025 IN FILE NO.BN1075426676125 PRODUCED AT ANNEXURE-K, KEEPING APPLICATION REFERENCE NO. 25-1057394231 REISSUE/RENEWAL OF PETITIONERS PASSPORT BEARING NO.
U5753095 ON HOLD BY RESPONDENT NO.2 HOLDING THE SAME TO BE ILLEGAL AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"a. To quash the acknowledgement dated 03.12.2025 in file no.BN1075426676125 produced at ANNEXURE-K, keeping the application reference no. 25-1057394231 reissue/renewal of Petitioner's passport bearing no.U5753095 on hold by respondent no.2 holding the same to be illegal.
b. To direct respondent no.2 to reissue/renewal of Petitioner's passport bearing no. U5753095 applied vide application reference no. 25-1057394231 with Passport application file no. BN1075426676125 for permissible period in accordance with law vide application receipt produced at ANNEXURE-J
c. To quash the communication dated 3.9.2025 for Passport application file no. BN1075426676125 issued by respondent no.2 produced at ANNEXURE-J1 holding instruction to produce travel permission from concerned court for reissuance of passport as illegal
d. To issue any other suitable writ or order or direction which this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice"
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HC-KAR NC: 2025:KHC:54219 WP No. 37182 of 2025
2. The petitioner had made an application for re-issuance of a short validity passport, which came to be rejected vide
Order dated 03.12.2025 at Annexure-K and is challenging the same, the petitioner is before this Court.
3. The learned counsel for the respondents submits that the rejection was on account of a proceeding in C.C.No.6533/2017 having been filed for offences under Sections 498A, 341, 354(B), 34 of IPC, pending on the file of II ACJM, Bengaluru, wherein the charge sheet has been laid.
4.
Learned counsel for the petitioner submits that the said proceedings have been stayed by this Court in Crl.P.No.4309/2025 vide order dated 28.03.2025 and as such, the respondents ought to have considered the application of the petitioner for re-issuance of the passport favourably and issued the said passport.
5. A perusal of the records indicates that though proceedings have been filed against the petitioner as indicated above, the said proceedings have been stayed
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HC-KAR NC: 2025:KHC:54219 WP No. 37182 of 2025
by this Court. Be that as it may, what the petitioner was holding was only a short validity passport and the re- issuance sought was with respect to the short validity passport.
6. Right to travel being a fundamental right under Article 21 of the Constitution of India, it was but required for the respondents to have considered the said application and re-issue a short validity passport instead of rejecting the same or putting the application of the petitioner on hold. As such, I pass the following:
ORDER i. The writ petition is allowed. ii. The acknowledgment letter dated 03.12.2025 at Annexure-K is hereby quashed. iii. Respondent No.2 is directed to consider the application of the petitioner in terms of the above observation and re-issue a short validity passport to the petitioner. iv. It is however made clear that the travel of the petitioner shall be only with the permission of the Court seized of C.C.No.6533/2017 in the Court of
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HC-KAR NC: 2025:KHC:54219 WP No. 37182 of 2025
the learned II ACJM, Bengaluru and subject to any conditions that may be imposed by the said court. v. In view of the stay of the said proceedings, I am of the considered opinion that insofar as the
consideration of the request by the petitioner for travel, the stay will not come in the way of
consideration of such applications.
SD/- (SURAJ GOVINDARAJ) JUDGE
rv List No.: 1 Sl No.: 15