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2026 DAILYLAW 46432 (KAR)

SRI.PRAKASH SUBRAMANIAN v. UNION OF INDIA

WP/2121/2026 · 2026-01-27

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4534 WP No. 2121 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 2121 OF 2026 (GM-PASS) BETWEEN: SRI.PRAKASH SUBRAMANIAN, S/O LATE K SUBRAMANIAN, AGED ABOUT 51 YEARS, R/O J6-003, PROVIDENT WELWORTH CITY, YELAHANKA, DODDABALLAPURA ROAD, NEAR SUMAN VIDYA SAMSTHAE, HESARGHATTA HOBLI, BANGALORE RURAL, BANGALORE-561203. …PETITIONER (BY SRI. SAGAR B B., ADVOCATE) AND: 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D JANPAT, NEW DELHI-110011. REPRESENTED BY ITS SECRETARY. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4534 WP No. 2121 of 2026 2. THE JOINT SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D JANPAT, NEW DELHI-110011. 3. THE REGIONAL PASSPORT OFFICER, PASSPORT SEVA KENDRA, NO 45, PRESTIGE LIBRA, NEAR URVASHI THEATER, LALBHAG MAIN ROAD, BENGALURU-560027. …RESPONDENTS (BY SMT.RESHMA K.T. CGC ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE A SHORT VALIDITY PASSPORT IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4534 WP No. 2121 of 2026 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's daughter has completed her Post-graduation in the United Kingdom, and the petitioner proposes to attend his daughter's graduation ceremony, but he cannot. Therefore, he has filed this petition for directions to the respondents to issue Short Validity Passport. 2. The undisputed facts are that the petitioner stands trial for the offences punishable under Sections 323, 324, 504, 506 read with Section 34 of IPC in C.C.No.9501/2019. The petitioner is admitted to bail and his petition for quashing the proceedings is also pending before this Court in Criminal Petition No.10495/2025. Sri Sagar B. B., the learned counsel for the petitioner, and Ms. - 4 - HC-KAR NC: 2026:KHC:4534 WP No. 2121 of 2026 Reshma K. T., the learned Standing counsel for the respondents, are heard for disposal of the petition. 3. Sri Sagar B.B., the learned counsel for the petitioner, submits that the only interim order in the Criminal Petition is as against deferment of the proceedings against the petitioner and the petitioner cannot suffer an impediment in filing an application with the learned Magistrate in C.C.No.9501/2019 for leave to travel to the United Kingdom but the third respondent will have to consider the petitioner's request and Ms. Reshma K.T., submits that if indeed the petitioner files an application and that is considered favourably by the learned Magistrate, the third respondent will issue Short Validity Passport at the earliest. 4. These circumstances, including the offences for which the petitioner stands tried are considered. This Court is of the view that the petitioner must be at liberty to file an application - 5 - HC-KAR NC: 2026:KHC:4534 WP No. 2121 of 2026 with the learned Magistrate in the pending proceedings in C.C.No.9501/2019 for leave and that if the petitioner files such an application, the learned Magistrate must consider it expeditiously. Further, the third respondent, if the application is favoured by the learned Magistrate, must expedite and ensure Short Validity Passport is issued within a week. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE BK List No.: 1 Sl No.: 10