C. Ganesh Narayan Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

C. Ganesh Narayan Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner permitted to surrender the existing passport to respondent No.2 and seek a fresh passport for a limited period per Notification No.GSR 570(E) dated 25.08.1993; respondent No.2 to expedite consideration of such application; petitioner to intimate the learned Magistrate in the pending criminal case before going abroad. (Prayer to quash Annexure-A was not expressly granted.)

Issue for consideration

Whether the impounding of the petitioner's passport by respondent No.2 vide order dated 27.02.2024 is liable to be interfered with, on the contention that the competent authority exceeded its powers under Section 10(3)(b) and (e) of the Passports Act, 1967. +1 more

Ratio / Principle

Since the offences alleged against the petitioner are bailable and the order of bail did not curtail his travel, there is no impediment for respondent No.2 to issue a fresh passport for a limited period in terms of Notification No.GSR 570(E) dated 25.08.1993 issued by the Ministry of External Affairs.

Key takeaways

The petitioner is permitted to surrender the existing passport to respondent No.2 and seek a fresh passport for a limited period.ratio¶¶42
If the petitioner approaches respondent No.2 after surrendering the existing passport, respondent No.2 shall expedite consideration of the application for issuance of a fresh passport for a limited period in terms of the said Notification.ratio¶¶43
It is made clear that if the petitioner plans to go abroad, he shall intimate the competent learned Magistrate in the pending criminal case.

Detailed headnote1 paragraphs

High Court of Karnataka (E.S. Indiresh, J., Oral Order dt. 19.11.2025) disposes of W.P. No.10372/2024 (GM-Pass) filed by C. Ganesh Narayan challenging respondent No.2's order dt. 27.02.2024 (Annexure-A) impounding passport No.Z7548605 during pendency of C.C. No.57961/2023 (offences under Ss.341, 323, 504, 506 IPC, bailable; bail granted without travel restriction). Examining Section 6(2)(f) of the Passports Act context, the Court holds there is no impediment to issuance of a fresh passport for a limited period per MEA Notification No.GSR 570(E) dt. 25.08.1993, permits surrender of the existing passport, directs respondent No.2 to expedite the fresh-passport application, and conditions foreign travel on intimation to the trial Magistrate.

1 -

NC: 2025:KHC:47670 WP NO.10372 OF 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.10372 OF 2024 (GM-PASS)

BETWEEN:

C. GANESH NARAYAN S/O LATE C.V. NARAYAN, AGED ABOUT 43 YEARS, NO.44 OSBORNE ROAD, ULSOOR, BENGALURU - 560 042.

…PETITIONER

(BY MISS. KRUTIKA RAGHAVAN, ADVOCATE)

AND:

UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D, JANPATH, NEW DELHI - 110 011.

Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, 8^TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU - 560 095.

STATE OF KARNATAKA THROUGH COMMERCIAL STREET POLICE STATION, COMMERCIAL STREET, SHIVAJINAGAR, BENGALURU - 560 001 THROUGH SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

…RESPONDENTS

(BY MR. SHANTHI BHUSHAN H., DSGI FOR R1 AND R2; MR. MAHANTESH SHETTAR, AGA FOR R3)

2 - NC: 2025:KHC:47670 WP NO.10372 OF 2024

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 27^TH FEBRUARY, 2024 PASSED BY THE RESPONDENT NO.2, IMPOUNDING THE PASSPORT OF THE PETITIONER BEARING NO.Z7548605 DATED 29^TH SEPTEMBER, 2023 VIDE ANNEXURE-A; DIRECT THE RESPONDENT NO.2 TO RENEW AND RELEASE THE PASSPORT OF THE PETITIONER BEARING NO.Z7548605; AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

ORAL ORDER

In this writ petition, the petitioner is challenging the order dated 27^th February, 2024 (Annexure-A), wherein the passport of the petitioner bearing No.Z7548605 dated 29^th September, 2023 was impounded by the respondent No.2; inter alia sought for direction to the respondent No.2 to renew and release the passport of the petitioner bearing No.Z7548605.

Heard Miss. Krutika Raghavan, learned counsel appearing for the petitioner; Mr. Shanthi Bhushan H., learned Deputy Solicitor General of India appearing for respondents 1 and 2; and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent No.3.

Miss. Krutika Raghavan, learned counsel appearing for the petitioner submits that the action of impounding the

3 -

NC: 2025:KHC:47670 WP NO.10372 OF 2024

HC-KAR

passport of the petitioner requires to be interfered in this petition as the competent authority had exceeded its power as per Section 10(3)(b) and (e) of the Passports Act, 1967 (for short, hereinafter referred to as 'Passports Act'). Learned counsel appearing for the petitioner further contended that the criminal case in C.C. No.57961 of 2023 is pending consideration before the competent Additional Chief Metropolitan Magistrate, Bengaluru City, and the offences alleged against the petitioner are compoundable in nature.

Learned counsel appearing for the petitioner also refers to the Order of Bail passed by the X Additional Chief Judicial Magistrate, Bengaluru in respect of the petitioner in the criminal case and submits that, there is no condition imposed on the petitioner as to travel abroad. Accordingly, she sought for interference of this Court.

Per contra, Mr. H. Shanthi Bhushan, learned Deputy Solicitor General of India, appearing for respondents 1 and 2 refers to the Section 6(2)(f) of the Passport Act and submits that, in view of pendency of the criminal case, the impugned order passed by the respondent No.2, impounding the Passport

4 -

NC: 2025:KHC:47670 WP NO.10372 OF 2024

HC-KAR

of the petitioner requires to be confirmed in this petition. Accordingly, he sought for dismissal of the writ petition.

In the light of submission made by learned counsel appearing for the parties, I have carefully examined the provision contained under Section 6(2)(f) of the Passport Act, which provides that the Passport Authority has a power to refuse the issuance of Passport in the event, if there is a criminal case pending consideration against the applicant. In this regard, I have perused the order of Bail granted in C.C. No.57961 of 2023, wherein the leaned Magistrate, allowed the Bail application of the petitioner, holding that the offences alleged against the petitioner are under Sections 341, 323, 504 and 506 of the Indian Penal Code are bailable in nature. It is also forthcoming from the order of Bail that the Travel of the petitioner has not be curtailed by the learned Magistrate in the aforementioned order of grant of bail. In that view of the matter, taking into account the grounds urged in this petition, I am of the view that, there is no impediment for the respondent No.2 to issue a fresh Passport for a limited period as per Notification bearing No.GSR 570(E) dated 25^th August, 1993 issued by the Ministry of External Affairs. Therefore, I am of

5 -

NC: 2025:KHC:47670 WP NO.10372 OF 2024

HC-KAR

the view that the petitioner may be permitted to surrender the existing Passport to the respondent No.2 and seek for fresh Passport for a limited period.

Accordingly, the petitioner is permitted to approach the respondent No.2 along with the order of this Court by surrendering the existing Passport for issuance of fresh Passport for a limited period. If the petitioner approaches the respondent No.2 as stated above, the respondent No.2 shall expedite the process of consideration of the application that may be made by the petitioner, seeking issuance of fresh Passport for a limited period in terms of the Notification bearing No.GSR 570(E) dated 25^th August, 1993 issued by the Ministry of External Affairs. It is also made clear that, in the event, if the petitioner is planning to the go abroad, he shall intimate the competent learned Magistrate in the pending criminal case. With this observation, writ petition stands disposed of.

Sd/(E.S. INDIRESH) JUDGE

ARK List No.: 2 Sl No.: 1