Mr.Mukkaram Jan Vs Union of India

MR.MUKKARAM JAN, S/O LT. AZAM JAN, AGED ABOUT 60 YEARS, RESIDING AT FLAT NO.G1, CAVALCADE APARTMENT, NO.5, BENSON CROSS ROAD, BENSON TOWN, BENGALURU - 560 046.

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…PETITIONER

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(BY SRI. SHASHANK NAGENDRAN., ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, JAVHARLAL NEHRU BHAVAN, JANPATH - 110 001.

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PASSPORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI - 110 003.

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HC-KAR

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NC: 2026:KHC:37426 WP No. 21934 of 2026

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CNR: KAHC010479742026

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

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…RESPONDENTS

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(BY SRI.MAHESH ARKALGUD SRIKANTH, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS, MORE PARTICULARLY, RESPONDENT NO.3, TO CONSIDER AND ALLOW THE PETITIONER'S PASSPORT RENEWAL APPLICATION BEARING ARN NO.26-1058056004 (ANNEXURE-B) AND RENEW THE PETITIONER'S PASSPORT BEARING NO.ZA145286 BY ISSUING A PASSPORT VALID FOR A PERIOD OF 10 (TEN) YEARS, IN ACCORDANCE WITH THE PROVISIONS OF THE PASSPORTS ACT, 1967, AND THE RULES MADE THEREUNDER AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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Sri Mahesh Arkalgud Srikanth, learned counsel is directed to accept notice for respondent Nos.1 to 3.

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

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a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondents, more particularly Respondent No.3, to consider and allow the

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HC-KAR

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NC: 2026:KHC:37426 WP No. 21934 of 2026

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CNR: KAHC010479742026

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Petitioner's Passport Renewal Application bearing ARN.No.26-1058056004 (AnnexureB) and renew the Petitioner's Passport bearing No.ZA145286 by issuing a passport valid for a period of 10 (Ten) years, in accordance with the provisions of the Passports Act, 1967, and the Rules made thereunder; and

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b) Issue a Writ or order or direction/quashing the Objection Letter bearing No.0BJ/1055587424/2026 dated 23.06.2026 issued by Respondent No.3 produced as Annexure C, being arbitrary, illegal and contrary to the provisions of the Passports Act, 1967;

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c) Direct the Respondents to issue the renewed passport to the Petitioner within such time as may be stipulated by this Hon'ble Court;

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d) ISSUE such other orders or writs or directions as this Hon'ble Court deems fit under the circumstances of the case, in the interests of Justice and Equity .

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The petitioner was holding a passport, which expired

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on 27.06.2026. An application having been made by the petitioner for renewal/reissuance of the passport on 07.05.2026 came to be rejected, on the ground that there was a case in Crime No.8/2017 registered

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HC-KAR

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NC: 2026:KHC:37426 WP No. 21934 of 2026

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CNR: KAHC010479742026

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against the petitioner, which is pending and as such, the proof of clearance of case or travel permission from the concerned Court was sought for.

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Learned counsel for the petitioner submits that the said proceedings has been stayed by this Court in Crl.P.No.2059/2024 by order dated 21.03.2024 and as such, the petitioner could not obtain permission from the trial Court.

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Taking into account the peculiarity of the matter where further proceedings in Crime No.8/2017, which is now registered as CC.No.26840/2023, is pending on the file of XVII Additional Chief Judicial Magistrate, Bengaluru, (Special Court for CBI cases), if an application were to be filed in the said matter, the said application is directed to be considered by the said Court on merits.

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HC-KAR

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NC: 2026:KHC:37426 WP No. 21934 of 2026

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CNR: KAHC010479742026

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In view of the decision of the Hon'ble Apex Court in the case of Mahesh Kumar Agarwal Vs. Union of India reported in (2025 INSC 1476), where the Hon'ble Apex Court has categorically held that the issuance of passport cannot be withheld on the basis of the criminal proceedings, which are pending. The respondents could not have withheld the same. However, the travel of the petitioner abroad would always be subject to obtaining permission from the Court seized of the matter. With this, it is directed to the Court to consider such application as and when filed.

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