- 1 - HC-KAR NC: 2026:KHC:18547 WP No. 3434 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.3434 OF 2026 (GM-PASS) BETWEEN: MR.G.NIZAMUDDIN S/O SUBHAN SAB G AGED ABOUT 36 YEARS R/O DOOR NO.34, WARD NO.25 SARMAS MANZIL, INFANTRY ROAD B C MALLAIAH COMPOUND JAYANAGAR, 1ST CROSS CANTONMENT, BALLARI-583104. KARNATAKA, INDIA …PETITIONER (BY SRI. MOHAN KUMAR H G, ADVOCATE) AND: 1. THE UNION OF INDIA REP. BY ITS PRINCIPAL SECRETARY MINISTRY OF EXTERNAL AFFAIRS GOVERNMENT OF INDIA SANSAD BHAVAN NEW DELHI-100001 2. THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE 8TH BLOCK, 80 FEET ROAD KORAMANGALA BENGALURU-560095 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18547 WP No. 3434 of 2026 3. THE STATION HOUSE OFFICER COWL BAZAAR POLICE STATION COWL BAZAAR MAIN ROAD BALLARI-583102 4. THE STATION HOUSE OFFICER HATCHOLLI POLICE STATION SIRUGUPPA TALUK BALLARI DISTRICT. PIN CODE-583114 …RESPONDENTS (BY SRI.AJAY PRABHU M, ADVOCATE FOR R.1 AND R.2; SRI.ADITYA DIWAKARA, AGA FOR R.3 AND R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO ISSUE FRESH PASSPORT TO THE PETITIONER BY CONSIDERING THE APPLICATION VIDE ANNX-A (ARN) NO.25- 1060936640 ON 09.09.2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner has presented the captioned writ petition seeking issuance of a writ in the nature of mandamus directing respondent No.2 to consider his application vide Annexure–A (ARN No.25-1060936640 - 3 - HC-KAR NC: 2026:KHC:18547 WP No. 3434 of 2026 dated 09.09.2025) and consequently, issue a fresh passport. 2. The grievance of the petitioner, as urged in the writ petition, is that despite submission of an online application for issuance of a fresh passport and fixation of an appointment by the competent authority, respondent No.2 has failed to process the application and has not issued the passport. It is contended that the inaction on the part of respondent No.2 has constrained the petitioner to approach this Court. 3. Per-contra, learned counsel appearing for respondent Nos.1 and 2, on instructions, submits that on verification of records, it is noticed that an FIR is registered against the petitioner. In that view of the matter, certain queries were raised by the authority and the same have been duly communicated to the petitioner for compliance. 4. Having heard the learned counsel appearing for the parties and on perusal of the material on record, this - 4 - HC-KAR NC: 2026:KHC:18547 WP No. 3434 of 2026 Court is of the considered view that the issue relating to issuance of passport in cases where an FIR is registered is no longer res-integra. The said issue has been considered by a Co-ordinate Bench of this Court in W.P.No.18066/2023. This Court deems it appropriate to extract paragraph No.11 of the said judgment, which reads as under: “11. In furtherance of the afore-quoted statutory provision, the Ministry of External Affairs had issued a notification in Notification No.GSR570(E) on 25.08.1993, as to what must be done in cases where there are pending cases before the criminal court, against the holder of a passport. This is further clarified by another Office Memorandum dated 10.10.2019, the relevant clause of which, reads as follows: “(vi) In case where the secondary Police verification is also ‘Adverse’, it may be examined whether the details brought out in the police report match the undertaking submitted by the applicant. It may be noted that mere filing of FIRs and cases under investigation do not come under the purview of Section 6(2)(f) and that criminal proceedings would - 5 - HC-KAR NC: 2026:KHC:18547 WP No. 3434 of 2026 only be considered pending against an applicant if a case has been registered before any Court of law and the court has taken cognizance of the same.” (Emphasis supplied) The clarification is rendered by the Ministry of External Affairs that mere filing of FIR and cases under investigation would not come under the purview Section 6(2)(f) of the Act and the criminal proceedings would only be considered when pending, and the concerned Court has taken cognizance of the offence, which would presuppose that the charge sheet has been filed by the Officer in-charge of a police station.” 5. On perusal of paragraph No.11 of the judgment rendered by the Co-ordinate Bench and having regard to the facts of the present case, this Court notices that the registration of FIR against the petitioner has been stayed by this Court in Crl.P.No.101434/2024, as evidenced from Annexure–C. In view of the interim order staying further proceedings pursuant to the FIR, the impediment, if any, for consideration of the petitioner’s application for issuance of passport does not survive at this stage. Therefore, - 6 - HC-KAR NC: 2026:KHC:18547 WP No. 3434 of 2026 respondent No.2 is bound to consider the petitioner’s online application in the light of the law laid down by the Co-ordinate Bench in W.P.No.18066/2023 and take an appropriate decision in accordance with law. 6. It is also to be noted that in cases where criminal proceedings are pending or where issues relating to criminal antecedents arise, the competent authority is not denuded of its power to issue a passport of limited or short validity, subject to such conditions as may be warranted under the relevant statutory provisions and executive instructions. Therefore, respondent No.2 is required to examine the petitioner’s case from that perspective as well and take a decision in accordance with law. 7. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The writ petition is hereby allowed. - 7 - HC-KAR NC: 2026:KHC:18547 WP No. 3434 of 2026 (ii) A writ in the nature of mandamus is issued directing respondent No.2 to consider the petitioner’s application vide Annexure–A seeking issuance/renewal of passport and pass appropriate orders, in accordance with law, within an outer limit of two weeks from the date of receipt of a certified copy of this order. (iii) While considering the petitioner’s application, respondent No.2 shall take into consideration the interim order passed by this Court in Crl.P.No.101434/2024 staying the FIR proceedings, and shall also examine the feasibility of issuing a Short Validity Passport , if the circumstances so warrant, in terms of the applicable rules and guidelines. (iv) It is made clear that the consideration of the petitioner’s application shall be strictly in accordance with law and subject to such conditions as may be imposed by the competent authority. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 7