SRI T S RAMACHANDRA RAO vs UNION OF INDIA

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HC-KAR
NC: 2026:KHC:57726
WP No. 28522 of 2024


CNR: KAHC010582372024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 13 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO. 28522 OF 2024 (GM-PASS)

BETWEEN:

SRI. T.S. RAMACHANDRA RAO
S/O LATE K. SRINIVASA RAO
AGED ABOUT 59 YEARS
R/AT FLAT NO.104, KT 23
TH
17 A CROSS, MALLESHWARAM
BENGALURU-560 003

…PETITIONER







(BY SRI: RAJESHA SHETTIGARA, ADVOCATE)

AND:

1. UNION OF INDIA
MINISTRY OF EXTERNAL AFFAIRS
CPV DIVISION, NO.8, PATIALA HOUSA
TILAK MARG, NEW DELHI-110 001
REPRESENTED BY ITS JOINT SECRETARY

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

…RESPONDENTS



Digitally signed
by PAVITHRA B
Location: HIGH
COURT OF
KARNATAKA

(BY SRI: SWAMINI GANESH MOHANAMBAL, ADVOCATE
FOR R1 & R2)

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HC-KAR
NC: 2026:KHC:57726
WP No. 28522 of 2024


CNR: KAHC010582372024



THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT DATED 23.08.2023
BEARING PASSPORT APPLICATION NO.BN1075349722723
ISSUED BY THE RESPONDENT NO.2 VIDE (ANNEXURE-A) AND
DIRECTION TO THE RESPONDENT NO.2 TO ISSUE FRESH
PASSPORT TO THE PETITIONER AS PER OFFICIAL
MEMORANDUM DATED 10.10.2019 BEARING
NO.VI/401/1/5/2019 VIDE (ANNEXURE-G) ISSUED BY THE
RESPONDENT NO.1.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER
The petitioner is before this Court calling in question the
endorsement dated 23.08.2023 issued by respondent No.2,
rejecting the application filed by the petitioner for issuance of
passport on the ground of pendancy of criminal cases against
the petitioner. The petitioner has also sought for writ of
mandamus directing respondent No.2 to issue fresh passport in
terms of the Official Memorandum dated 10.10.2019 at
Annexure-G to the writ petition.
2. The averments made in the writ petition discloses
that CC No.28178 of 2021 on the file of XXXIX Additional CMM

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HC-KAR
NC: 2026:KHC:57726
WP No. 28522 of 2024


CNR: KAHC010582372024



Court at Bengaluru for the offences punishable under Sections
120-B, 420, 506, 384 read with Section 34 of IPC is pending.
Challenging the said proceedings, the petitioner has filed
Criminal Petition No.8883 of 2023 and the said petition is
pending consideration before this Court. This Court, by interim
order dated 16.01.2025 has stayed the further proceedings in
the aforesaid criminal case.
3. It is also noticed from the writ petition averments
that there is another Criminal Case No.611 of 2023 pending
consideration before the XXIV Additional CMM, Bengaluru, for
the offences punishable under Sections 448, 504 and 506 of
IPC. Challenging the said proceedings also, the petitioner has
filed Criminal Petition No. 6215 of 2024 before this Court and
this Court by interim order dated 27.08.2024 has stayed the
further proceedings in the said case. Referring to the aforesaid
proceedings and the interim orders passed by this Court,
learned counsel for the petitioner contends that rejection of the
application for issuance of passport only on the ground of
pendancy of criminal proceedings, is wholly illegal and
arbitrary.

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HC-KAR
NC: 2026:KHC:57726
WP No. 28522 of 2024


CNR: KAHC010582372024



4. The petitioner has placed reliance on the Official
Memorandum dated 10.10.2019, more particularly, Clause-3 of
the said Official Memorandum, which reads as follows:
"3. It may be noted that applicants may be
refused passports only on grounds mentioned under
Section 6(2) of the Passports Act, 1967. Section 6(2)(f)
of the Act states that the passport authority shall refuse
to issue a passport or travel document to an applicant
on the ground that proceedings in respect of an offence
alleged to have been committed by the applicant are
pending before a criminal court in India. GSR 570(E)
dated 25.8.1993 was introduced to give relief to such
applicants against whom criminal proceedings are
pending before any Court of law in India but who may
need to travel abroad for some urgent business. With an
undertaking under GSR 570(E) and an order from the
Court, an applicant could be issued a short validity
passport of one year validity or for the period specified
by the Court."

5. Learned counsel for the respondents, on the other
hand, submits that there is no illegality in issuance of
Communication at Annexure-A dated 23.08.2023, inasmuch as,
the pendancy of the criminal case has come to the knowledge
of respondent No.2 pursuant to the police verification report.

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HC-KAR
NC: 2026:KHC:57726
WP No. 28522 of 2024


CNR: KAHC010582372024



Therefore, respondent No.2 is justified in not rejecting or not
processing the application for issue of passport. Accordingly,
seeks for dismissal of the writ petition.
6. Learned counsel for the petitioner has placed
reliance on the order passed by the co-ordinate Bench of this
Court in Mr.Thomas P M Vs The Regional Passport Officer
1
and Another , and contends that in identical circumstances,
the co-ordinate Bench of this Court has allowed the writ
petition and directed issuance of Short Validity Passport, the
petitioner is also entitled for similar relief.
7. As noticed supra, the further proceedings in both
the criminal cases lodged against the petitioner are stayed by
this Court in the criminal petitions referred to supra. Therefore,
there is judicial intervention with regard to continuation of the
criminal prosecution against the petitioner.
8. This Court, in a catena of decisions, interpreting the
scope of Sections 6(2)(f) and 10 of the Passports Act, 1967,
has consistently held that mere pendancy of criminal

1
WP No.5941/2026 DD 28.04.2026

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HC-KAR
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WP No. 28522 of 2024


CNR: KAHC010582372024



proceedings, ipso facto, cannot constitute an absolute embargo
for issuance or renewal of a passport. The statutory scheme
does not envisage a blanket prohibition; rather, it confers a
discretionary power on the authority to regulate such issuance
depending upon the facts and circumstances of each case. In
cases where criminal proceedings are pending, the authority
may be justified in declining a regular passport of full validity;
however, such pendancy cannot foreclose consideration for
issuance of a Short Validity Passport (SVP), particularly when
adequate safeguards can be imposed.
9. In the case on hand, as observed above, the further
proceedings in the criminal cases are stayed and the effect of
interim order is that, the coercive steps in the criminal
prosecution is kept in abeyance.
10. Having regard to the totality of the circumstances,
this Court is of the considered view that while the petitioner
may not be entitled, as a matter of right, to a regular passport
of full tenure, he certainly makes out a case for consideration of
issuance of a Short Validity Passport, subject to such conditions

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WP No. 28522 of 2024


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as the respondent-authority may deem fit in accordance with
law.
11. In the result, the following:
ORDER
(i) The writ petition is disposed of.
(ii) The petitioner is reserved liberty to submit a fresh
online application seeking issuance/renewal of passport limited
to a Short Validity Passport (SVP).
(iii) Upon receipt of such application, respondent No.2
shall consider the same without insisting upon fresh police
verification, and shall duly take into consideration the interim
order of stay granted by this Court in Criminal Petitions referred
to supra.
(iv) The respondent–authority shall thereafter process the
petitioner’s application expeditiously and in accordance with
law, and if the petitioner is otherwise found eligible, shall issue
a Short Validity Passport subject to such reasonable conditions
as may be warranted.

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HC-KAR
NC: 2026:KHC:57726
WP No. 28522 of 2024


CNR: KAHC010582372024



(v) It is made clear that the grant of such Short Validity
Passport shall be without prejudice to the rights of the
prosecution in the pending criminal proceedings, if and when
the stay is vacated.
(vi) If and when the presence of the petitioner is
required, the petitioner shall make himself available before the
jurisdictional Court without any resistance.
(vii) Once the Short Validity Passport is issued, the
petitioner shall obtain the leave of the concerned Court, where
the criminal cases are pending before leaving the jurisdiction of
the Court, in light of the conditions imposed in the order of bail
passed in CC No.28178 of 2021.


Sd/-
(T.P.VIVEKANANDA)
JUDGE




BGN
List No.: 1 Sl No.: 51