Disposed¶49

Leela v. Union of India

Karnataka HC11 Aug 2025WP/23172/2025

Case brief

AI extract

What is this about?

Karnataka HC (B M Shyam Prasad J, 11.08.2025), WP 23172/2025 (GM-PASS): Leela and Nagaraju challenged passport-refusal endorsements of 20.06.2025 grounded on pending case Crime No.106/2022 (IPC 504/323/341/506/34) despite stay in WP 26732/2024; petition disposed with direction to RPO to issue Short Validity Passports within one week, usable only if the Court grants foreign-travel permission in WP 26732/2024.

What did the court decide?

Direction to the third respondent (Regional Passport Office) to issue Short Validity Passports to the petitioners within one week, with the benefit of such passports conditional on this Court granting permission to travel abroad in W.P.No.26732/2024. ¶49

Leela Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, whose passport applications were declined by endorsements citing pending criminal proceedings in Crime No.106/2022 (while further proceedings are stayed by this Court in W.P.No.26732/2024), are entitled to issuance of passports.

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Ratio / Principle

This Court accepted the submission made by the learned DSG and Central Government Counsel that the third respondent will issue Short Validity Passports to the petitioners, who can only travel with the leave of this Court in WP No.26732/2024, and disposed of the petition calling upon the third respondent to issue Short Validity Passports to the petitioners within a period of one week.

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Key takeaways

Stipulation: the petitioners shall be entitled to the benefit of the Short Validity Passports only if permission to travel abroad is granted by this Court in W.P.No.26732/2024.ratio¶42
If there is any violation of the stipulation, the petitioners will be subject to every such proceedings as would be permissible in law.ratio¶47

Detailed headnote1 paragraphs

Passport — Endorsements dated 20.06.2025 (Ref. OBJ/1049402957/25 & OBJ/1049399744/25; Anxs-A/A1) declining passports to petitioners citing pending criminal proceedings in Crime No.106/2022, Srirangapatna Town Police (Ss.504, 323, 341, 506 & 34 IPC), with charge sheet filed and further proceedings stayed in W.P.No.26732/2024 (interim order dt.21.10.2024, in force) — Respondents' counsel (DSGI/CGC) submitted that the Regional Passport Office would issue Short Validity Passports, travel permitted only with the leave of the Court in W.P.No.26732/2024 — Court accepted the submission, called upon the third respondent to issue Short Validity Passports within one week, stipulating that the benefit accrues only if travel permission is granted in W.P.No.26732/2024, any violation attracting proceedings permissible in law — Petition disposed of accordingly (B M Shyam Prasad J, 11.08.2025).

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NC: 2025:KHC:30928 WP No. 23172 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23172 OF 2025 (GM-PASS)

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BETWEEN:

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LEELA AGED ABOUT 66 YEARS, W/O SRI A M NAGARAJU

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NAGARAJU

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AGED ABOUT 76 YEARS, S/O SRI MARAPPA

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BOTH ARE RESIDING AT PETE LAKSHMINARAYANASWAMY BEEDI, SRIRANGAPATNA MANDYA DISTRICT 571438.

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Digitally signed by VANAMALA N

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Location: High Court of Karnataka

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(BY SRI. SHRIRAMA.,ADVOCATE)

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AND:

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UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI 110001

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…PETITIONERS

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REPRESENTED BY ITS PRINCIPAL SECRETARY.

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NC: 2025:KHC:30928 WP No. 23172 of 2025

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HC-KAR

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THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS, MS BUILDING, DR B R AMBEDKAR VEDHI, BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE REGIONAL PASSPORT OFFICE 8^TH BLOCK 80 FEET ROAD, KORAMANGALA, BANGALORE 560095 REP BY REGIONAL PASSPORT OFFICER.

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THE COMMISSIONER OF POLICE COMMISSIONER OF POLICE OFFICE, LOKARANJAN MAHAL RD, DOORA, MYSURU, KARNATAKA 570010.

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THE STATION HOUSE OFFICER SRIRANGAPATNA PS, MANDYA DISTRICT 571438.

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…RESPONDENTS

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(BY SRI.SHANTHI BHUSHAN H., DSGI AND SMT. RESHMA T, CGC FOR R1 AND R3; SRI. RAHUL CARIAPPA, AGA FOR R2, R4 AND R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT GIVEN BY THE R-1 DATED 20.06.2025 IN REF NO. OBJ/1049402957/25 AND OBJ/1049399744/25 VIDE ANX-A AND A1; DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION

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NC: 2025:KHC:30928 WP No. 23172 of 2025

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HC-KAR

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DATED 7.06.2025 FOR ISSUING THE PASSPORT IN FAVOUR OF PETITIONER BEARING NO. SBN1065145590825 AND BN1065145552425 VIDE ANNX-B AND B1.

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THIS PETITION, COMING ON FOR FRESH /MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioners have impugned the

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endorsements dated 20.06.2025 [ Annexures-A & A.1 ] issued by the third respondent and they seek direction to the respondents to issue passports to them. The third respondent has issued the impugned endorsements referring to the pending criminal proceedings in Crime No.106/2022 Srirangapatna Town Police for the offences punishable under Sections 504, 323, 341, 506 and 34 IPC. The petitioners essentially assert that though charge sheet has been filed against the petitioners by the jurisdictional police, this Court, at the petitioners'

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NC: 2025:KHC:30928 WP No. 23172 of 2025

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HC-KAR

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instance in WP No.26732/2024, has stayed further proceedings and that this interim order, which is granted on 21.10.2024, continues to be in force.

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Mr.Shanthi Bhushan H., the learned DSG, and Ms.Reshma T., the learned Central Government Counsel for the third respondent, are heard and they state that the third respondent will issue Short Validity Passports to the petitioners but they can only travel with the leave of this Court in WP No.26732/2024. This Court must accept this submission and dispose of the petition calling upon the third respondent to issue Short Validity Passports to the petitioners within a period of one week but stipulating that the petitioners shall be entitled to the benefit of such passports only if permission to travel abroad is granted by this Court in W.P.No.26732/2024 and this Court also observes

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that if there is any violation of the stipulation, the

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NC: 2025:KHC:30928 WP No. 23172 of 2025

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HC-KAR

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petitioners will be subject to every such proceedings

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as would be permissible in law.

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