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

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

What the court decided

AI extract

Outcome

Writ petition allowed; certiorari issued quashing the objection(s)/endorsement at Annexure-A; mandamus issued directing Respondents No.2 and 3 to re-issue the petitioner's passport within two weeks from receipt of certified copy of the order; any foreign travel conditioned on prior permission of the Court seized of C.C.No.2093/2023 and compliance with its conditions; petition disposed for reporting compliance with the general direction, re-listed on 10.12.2025 at 2.30 p.m.

Issue for consideration

Whether the objection/endorsement withholding renewal of the petitioner's passport on account of pending criminal proceedings (Crime No.140/2023 / C.C.No.2093/2023) ought to be quashed, and whether a short validity passport may be issued despite pendency of criminal proceedings, the right to travel under Article 21 being affected by non-issuance. +2 more

Court's answer

The right to travel cannot be impinged upon merely because criminal proceedings are pending; a short validity passport could be issued so that the petitioner, even if he travels abroad, would be required to return to the country by the time the passport expires.

Ratio / Principle

The interest of the State is protected by imposing the further condition that before leaving the country the petitioner must obtain necessary permission from the Court seized of C.C.No.2093/2023 and comply with the conditions imposed therein.

Key takeaways

Respondents No.2 and 3 are required to come up with a mechanism integrating the database of the passport authorities with the court database, so that orders permitting a passport holder to travel abroad and the conditions thereon are available to the passport authorities, similar to court orders being reflected in the RTC/EC by the Revenue Authority.ratio¶47
The offences alleged against the petitioner being Sections 447 and 505(2) of the IPC, and the petitioner having filed a counter complaint against the complainant, the petitioner is not at flight risk; hence a short validity passport could be issued subject to the conditions indicated supra.ratio¶50

Detailed headnote1 paragraphs

High Court of Karnataka (Suraj Govindaraj J., oral order, 11.11.2025): Pendency of criminal proceedings (Crime No.140/2023, Karkala Town Police Station; Sections 447 and 505 r/w 34 IPC; charge-sheeted as C.C.No.2093/2023 and stayed in W.P.No.10115/2024) is not by itself a ground to refuse renewal of a passport. Where the applicant is not a flight risk, a short validity passport may be issued, with any foreign travel made conditional on prior permission of the court seized of the criminal case and compliance with its conditions. The endorsement/objection (OBJ/1049257706/2025, Annexure-A) on renewal application BN4075069711825 was quashed and Respondents No.2 and 3 directed to re-issue the passport within two weeks. The Court further directed the passport authorities to integrate their database with the court database so that travel-permission orders and conditions are visible to passport/immigration authorities, analogous to court orders reflected in RTC/EC; compliance re-listed on 10.12.2025.

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NC: 2025:KHC:46159 WP No. 33145 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33145 OF 2025 (GM-PASS)

BETWEEN:

SRI IVAN MIRANDA, S/O JOHN MIRANDA, AGED ABOUT 57 YEARS, R/AT. MIRANDA GREEN VIEW, RANGANAPALKE, KOWDOORU VILLAGE, KARKALA TALUK, UDUPI DISTRICT -572 101

…PETITIONER

(BY SRI K PRASANNA SHETTY, ADVOCATE)

AND:

UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY ITS SECRETARY TO GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI-110 001.

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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.

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

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

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REP. BY THE STATE PUBLIC PROSECUTOR OF HIGH COURT OF KARNATAKA, AT BENGALURU-560 001.

…RESPONDENTS

(BY SRI SHANTHI BHUSHAN H, DSGI FOR R-1 TO R-3; SRI B RAVIDRANATH, AGA FOR R-4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO-QUASH THE OBJECTION(S)/ENDORSEMENT WITH REFERENCE TO PASSPORT APPLICATION NO. BN4075069711825 DATED 03.06.2025 IN NO. OBJ/1049257706/2025 ISSUED BY R-3 (ANNEXURE-A) ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

The Petitioner is before this Court seeking for the

following reliefs:

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.BN4075069711825 dated 03.06.2025 in No.OBJ/1049257706/25 issued by Respondent No.3 (Annexure–A).

b) Issue a Writ of Mandamusor any other appropriate writ, order or direction directing Respondents No.2 and 3 to forthwith renew the Petitioner’s Passport bearing No.K9151175.

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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The Petitioner had been issued a passport on

28.03.2013 which expired on 27.03.2023. 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.

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.

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

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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.

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.

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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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.

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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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:

ORDER

i. Writ petition is allowed .

ii. A certiorari is issued, the Objection(s)/endorsement with reference to Passport Application No.BN4075069711825 dated 03.06.2025 issued by Respondent No.1 at Annexure–A, is hereby quashed.

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.

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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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.

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 .

SD/(SURAJ GOVINDARAJ) JUDGE

KTY

List No.: 1 Sl No.: 68