Vivekananda Shenoy Vs Union of India

PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001.

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REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 6TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095.

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STATE OF KARNATAKA, BY KARKALA POLICE STATION, UDUPI DISTRICT - 574 101,

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NC: 2025:KHC:46624 WP No. 33086 of 2025

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HC-KAR

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REP. BY THE STATE PUBLIC PROSECUTOR

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OF HIGH COURT OF KARNATAKA AT BENGALURU-560 001.

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…RESPONDENTS

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(BY SRI B RAVINDRANATH, AGA FOR R-4; V/O DATED 06.11.2025 SHANTHI BHUSHAN H, DSGI FOR R-1 TO R-3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO-DIRECT TO QUASH THE OBJECTION(S)/ENDORSEMENT WITH REFERENCE TO PASSPORT APPLICATION NO. BN4075609904125 DTD 06.10.2025 IN NO. OBJ/1050604799/25 ISSUED BY R-1 (ANNEXURE-A) ETC.

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

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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The Petitioner is before this Court seeking for the following reliefs:

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a) Issue a Writ of certiorarior any other appropriate writ, order or direction to quash the objection(s)/endorsement with reference to Passport Application No.BN4075609904125 dated 06.10.2025 in OBJ/1050604799/25 issued by Respondent No.1 (Annexure–A).

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b) Issue a Writ of Mandamusor is any other appropriate writ, order or direction directing Respondents No.2 and 3 to forthwith renew the Petitioner’s Passport (bearig No.N1001585).

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c) Pass such other or further orders as this Hon’ble Court may deem fit in the interest of justice and equity.

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NC: 2025:KHC:46624 WP No. 33086 of 2025

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HC-KAR

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The Petitioner had been issued a passport on

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08.07.2015 which expired on 07.07.2025. The period of validity having lapsed, the Petitioner submitted an online application for renewal of his passport on 22.05.2025, which was not so renewed on account of a criminal case in Crime No.140/2023 registered by Karkala Town Police Station for the offences punishable under Sections 447 and 505 r/w 34 of the IPC. Charge sheet having been laid and the same is now registered as C.C.No.2093/2023 which has in turn been stayed by this Court in W.P.No.10115/2024 vide order dated 04.04.2024.

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The submission of learned counsel for the Petitioner is that the Petitioner's right to liberty under Article 21 of the Constitution of India, which includes right to travel, is adversely affected by non-issuance of the passport.

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The submission of Sri Shanthi Bhushan, learned DSGI for the Respondents No.1 to 3 is that the non-

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NC: 2025:KHC:46624 WP No. 33086 of 2025

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HC-KAR

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issuance of the passport when criminal proceedings are pending is a reasonable restriction on right to travel since it is apprehended that the petitioner may absent himself from the trial being conducted.

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Having heard both the counsel, I am of the considered opinion that the right to travel cannot be impinged upon evenly because there are criminal proceedings which are pending and as such, a short validity passport could be issued so that the Petitioner even if he were to travel abroad would be required to come back to the Country by a time the passport expires.

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The interest of the State could also be protected by imposing further condition on the Petitioner that before leaving the Country the petitioner has to obtain necessary permission from the Court seized of C.C.No.2093/2023 and comply with the conditions that may be imposed therein.

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NC: 2025:KHC:46624 WP No. 33086 of 2025

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HC-KAR

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However, one other issue that arises in respect to this would be as to how the immigration Authorities could monitor the aspect of the particular passport holder obtaining such prior permission before travelling and/or the passport holder travelling without taking such permission.

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In that regard, I am of the considered opinion that it would be required for Respondents No.2 and 3, to come up with a mechanism of integrating the database of the passport Authorities with the Court database, so that the orders passed by the Court could be available to the passport Authorities to verify whether an order has been passed permitting the passport holder to travel abroad and if so, the conditions in relation thereto. This being similar to that done by the Revenue Authority as regards any order passed by the Courts being reflected in the RTC/EC.

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NC: 2025:KHC:46624 WP No. 33086 of 2025

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HC-KAR

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In the present matter, the offences which have been alleged against the Petitioner being Sections 447 and 505(2) of the IPC. The petitioner also having filed a counter complaint as regards the complainant, I am of the considered opinion that the Petitioner not being at flight risk, a short validity passport could be issued subject to conditions as indicated supra. Hence, I pass the following:

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ORDER

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i. Writ petition is allowed .

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ii. A certiorari is issued, the Objection(s)/endorsement with reference to Passport Application No.BN4075609904125 dated 06.10.2025 issued by Respondent No.1 at Annexure–A, is hereby quashed.

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iii. A mandamus is issued directing Respondents No.2 and 3 to re-issue the passport of the petitioner within a period of two weeks from the date of receipt of a certified copy of this order.

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iv. It is made clear that any travel of the Petitioner shall have to be preceded by an order of the

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NC: 2025:KHC:46624 WP No. 33086 of 2025

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HC-KAR

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Court seized of C.C.No.2093/2023 permitting the Petitioner to travel abroad and that the Petitioner would have to comply with any conditions imposed by such Court.

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v. Though the above petition is disposed for reporting compliance with the general direction issued, re-list on 10.12.2025 at 2.30 p.m .

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SD/(SURAJ GOVINDARAJ) JUDGE

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KTY List No.: 1 Sl No.: 67

Vivekananda Shenoy v. Union of India

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Vivekananda Shenoy v. Union of India

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