Sri. Ahmed Shariff Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

Sri. Ahmed Shariff Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to apply to the third respondent for issuance of a passport along with the permission granted in W.P.No.23805/2021, with the third respondent called upon to consider such an application expeditiously; the declaratory mandamus sought in the prayer was not granted.

Issue for consideration

Whether the action of the 3rd respondent in not renewing/issuing the petitioner's passport bearing No.K1721041 pursuant to the application dated 16-11-2022, on the ground of an adverse police verification report relating to Crime No.154/2021 (Special Case No.181/2021, proceedings stayed by this Court), is illegal, arbitrary and unconstitutional, warranting a mandamus to renew/issue the passport without reference to the said criminal case. +1 more

Court's answer

The petition stands disposed of with liberty to the petitioner to apply with the third respondent for issuance of passport along with the permission that may be granted by this Court in W.P.No.23805/2021, calling upon the third respondent, if the application is filed along with such permission, to consider the same expeditiously.

Ratio / Principle

This Court's consistent view is that when an application for a passport, or renewal of the passport, is filed and there are criminal proceedings pending, the applicant must apply with the concerned Court for permission to travel and then renew the request, as required in terms of the Guidelines in No.GSR 570(E) dated 25.08.1993 and OM dated 10.10.2019.

Key takeaways

As it is undisputed that this Court in W.P.23805/2021 has granted stay of the proceedings in Special Case No.181/2021, the petitioner must first seek permission in such proceedings and then approach the third respondent with an application for issuance of a passport.ratio¶38

Detailed headnote1 paragraphs

Passport — Refusal to renew/issue passport on the ground of an adverse police verification report relating to pending criminal proceedings (Crime No.154/2021, Spl.Case No.181/2021 before the 1st Addl. District and Sessions Judge, Chikkamagaluru, for offences under Sections 143, 144, 147, 323, 324, 354, 504, 506, 149 IPC and Section 3(1)(s), 3(2)(va) SC/ST Act), which proceedings stand stayed by the Court vide order dated 23-12-2021 in W.P.No.23805/2021, still pending — Application rejected in December 2022 after notice — Held, consistently with this Court's view, where criminal proceedings are pending the applicant must first apply to the concerned Court for permission to travel and then renew the request, in terms of the Guidelines in No.GSR 570(E) dated 25.08.1993 and OM dated 10.10.2019 — Petition disposed of with liberty to the petitioner to apply to the 3rd respondent (Regional Passport Office) along with the permission granted in W.P.No.23805/2021, the 3rd respondent to consider such application expeditiously (respondent's counsel indicating it would do so).

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NC: 2025:KHC:37647 WP No. 25874 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

WRIT PETITION NO.25874 OF 2025 (GM-PASS)

BETWEEN:

SRI. AHMED SHARIFF,

S/O MOHAMMED KHASIM SAB, AGED ABOUT 71 YEARS, RESIDING AT MUDIYAPPA BADAVANE, DIPO ROAD, KADUR, CHIKKAMAGALURU DISTRICT-577548.

…PETITIONER (BY SRI. H.N. VENKATESH, ADVOCATE FOR SRI. MANJUNATH PRASAD H.N., ADVOCATE)

Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

AND:

UNION OF INDIA,

MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY, SOUTH BLOCK, NEW DELHI-110 001.

PASSPORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS,

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ROOM NO.8, PATIALA HOUSE,

TILAK MARG, NEW DELHI-110 001.

REGIONAL PASSPORT OF OFFICE, 8^TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095. REPRESENTED BY ITS REGIONAL PASSPORT OF OFFICER.

…RESPONDENTS

(BY SMT. RESHMA K.T., CGSC)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION MORE PARTICULARLY ONE IN THE NATURE OF WRIT OF MANDAMUS DECLARING THE ACTION OF THE 3^RD RESPONDENT IN NOT RENEWING / ISSUING PETITIONER’S PASSPORT BEARING NO.K1721041 PURSUANT TO THE APPLICATION VIDE FILE NO.BN1074603853122 DATED 16-11-2022 VIDE ANNEXURE-D ON THE GROUND OF ADVERSE POLICE VERIFICATION REPORT RELATING TO CRIME NO.154/2021, PENDING ON THE FILE OF 1^ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKAMAGALURU IN SPL.CASE NO.181/2021 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 323, 324, 354, 504, 506, 149 OF IPC AND SECTION 3(1)(S), 3(2)(VA) OF SC/ST ACT, WHICH PROCEEDINGS ARE STAYED BY THIS HON’BLE COURT

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HC-KAR

VIDE ORDER DATED 23-12-2021 IN W.P NO.23805/2021 AS ILLEGAL, ARBITRARY, UNCONSTITUTIONAL IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE AND CONTRARY TO THE PROVISIONS OF PASSPORT ACT, 1967 AND CONSEQUENTLY DIRECT THE 3^RD RESPONDENT TO RENEW / ISSUE FRESH PASSPORT TO THE PETITIONERS PASSPORT BEARING NO. NO. K1721041 WITHOUT REFERENCE TO THE SAID CRIMINAL CASE BEING STAYED BY THIS HONBLE COURT AND BE PLEASED TO PASS SUCH OTHER ORDER OR ORDERS AS MAY DEEMED FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE PRODUCED AT ANNEXURE-E AND ETC.

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

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

ORAL ORDER

The respondent has rejected the petitioner’s application for a passport way back in December 2022 after notice extending an opportunity because of the penal proceedings in Special Case No.181/2021 on the file of the First Additional

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NC: 2025:KHC:37647 WP No. 25874 of 2025

HC-KAR

District and Sessions Judge, Chikkamagaluru. It is pointed out without dispute that the petitioner has filed a writ petition in W.P.No.23805/2021 questioning the continuation of the proceedings in Special Case No.181/2021, and this Court has stayed further proceedings in such case. Significantly, this petition in W.P.No.23805/2021 is still pending consideration.

This Court's consistent view has been that when an application for a passport, or renewal of the passport, is filed and there are criminal proceedings pending, the concerned must apply with the concerned Court for permission to travel and then renew the request as is required in terms of the Guidelines in No.GSR 570(E) dated 25.08.1993, [OM dated 10.10.2019]. As it is undisputed that this Court in W.P.23805/2021 has granted stay of the proceedings in Special Case No.181/2021, the petitioner must first seek permission in such

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NC: 2025:KHC:37647 WP No. 25874 of 2025

HC-KAR

proceedings and then approach the third respondent with an application for issuance of a passport.

When so heard, Smt. Reshma K.T., the learned Central Government Counsel, submits that if a fresh application is filed with permission of this Court in W.P.No.23805/2021, the third respondent will consider the same expeditiously. Sri H. N. Venkatesh, the learned counsel for the petitioner, is heard in the light of the afore and the petition stands disposed of with liberty to the petitioner to apply with the third respondent for issuance of passport along with the permission that may be granted by this Court in W.P.No.23805/2021 calling upon the third respondent, if the application is filed along with the permission as aforesaid, to consider the same expeditiously.

SD/(B M SHYAM PRASAD) JUDGE

MD

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