Karnataka High Court
Dr Allan Prakash Julian Pinto vs Union Of India on 27 October, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:42682
WP No. 31748 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 31748 OF 2025 (GM-PASS)
BETWEEN:
DR ALLAN PRAKASH JULIAN PINTO
S/O JEROME PINTO,
AGED ABOUT 75 YEARS,
R/AT NO.3, HAYES ROAD,
BENGALURU CITY - 560 025
...PETITIONER
(BY SRI. CYRIL PRASAD PAIS., ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
ROOM-21, PATIALA HOUSE
TILAK MARG
NEW DELHI-11001.
Digitally signed
by SHWETHA
RAGHAVENDRA 2. REGIONAL PASSPORT OFFICE,
Location: HIGH
8TH BLOCK, 60 FEET ROAD,
COURT OF KORAMANGALA,
KARNATAKA BENGALURU 560 095
REPRESENTED BY REGIONAL PASSPORT OFFICER
3. STATE OF KARNATAKA,
REPRESENTED BY BALEHONNUR POLICE STATION,
CHIKKAMAGALUR,
N.R.PURA SUB-DIVISION,
BALEHONNUR-577112,
CHIKKAMAGALUR DISTRICT.
...RESPONDENTS
(BY SMT. RESHMA THAMMAIAH., ADVOCATE FOR R1 & R3;
-2-
NC: 2025:KHC:42682
WP No. 31748 of 2025
HC-KAR
SRI. B. RAVINDRANATH., AGA FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED LETTER DATED 07.08.2025 ISSUED BY THE R1 AND 2
WHICH IS AT ANNEXURE-A THEREFORE, SUBSEQUENT EMAIL
COMMUNICATION DATED 13.10.2025 ISSUED BY THE R1 AND 2 AND
PROCEEDINGS TO IMPOUND THE PASSPORT WHICH IS AT
ANNEXURE-B CONSEQUENTLY, ISSUE/RENIEW PASSPORT OF THE
PETITIONER WITH A SHORT VALIDITY FOR A PERIOD OF 1 YEAR AS
HELD BY THIS HONORABLE COURT IN OTHER JUDGMENTS AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The Petitioner is before this Court seeking for the following reliefs:
a. Quash the impugned letter dated 07.08.2025 issued by the R1 & R2 which is at Annexure-A. Thereafter, subsequent email communication dated 13.10.2025 issued by the R1 & R2 and proceeding to impound the passport which is at Annexure-B. Consequently, issue/renew passport of the petitioner with a short validity for a period of 1 year as held by this Hon'ble Court in other Judgments.
b. Grant such other and further reliefs based on the nature and circumstances of the above case.
c. Grant cost of the above writ petition, in the interest of justice and equity.-3-
NC: 2025:KHC:42682 WP No. 31748 of 2025 HC-KAR
2. The petitioner had been issued a passport which had a validity until 26.09.2027. The pages in the said passport having been exhausted, the petitioner made a tatkal application for reissuance of passport by adding extra pages. The said application came to be allowed and a new passport came to be issued on 18.07.2025, with a validity until 17.07.2035. Police verification having been conducted subsequently, an adverse police report was received stating that there is a criminal case in CC No.631/2020 pending against the petitioner before the I Additional Civil Judge and JMFC, Chikkamagaluru, where the petitioner had been charge sheeted for offences under Section 441, 390, 506 read with Section 34 of the IPC.
3. In that background, the respondent has issued a notice to the petitioner, calling upon the petitioner to surrender the passport which had been issued and if the said passport were not surrendered, process would be initiated for impounding the passport. It is -4- NC: 2025:KHC:42682 WP No. 31748 of 2025 HC-KAR in that background that the petitioner is before this Court seeking for the aforesaid reliefs.
4. Having heard the counsels, the present case not being one where neither was the fresh passport issued nor the passport re-issued. But only on account of the pages in the passport having been exhausted, the petitioner has sought for re-issuance of a fresh passport with additional pages. The passport earlier issued had a validity until 26.09.2027. In that view of the matter, I am of the considered opinion that it cannot be said that there is any suppression of facts made by the petitioner though it was required for the petitioner to have, when applying for additional pages, have informed the authorities about the case having been filed subsequent to the earlier issuance of the passport.
5. Be that as it may, a charge sheet having been laid cannot take away the right of travel guaranteed under Article 19 and 21 of the Constitution of India -5- NC: 2025:KHC:42682 WP No. 31748 of 2025 HC-KAR and as such, I am of the opinion that a short validity passport could always be issued to the petitioner by making the petitioner's travel subject to the orders of the Court where the criminal proceedings are pending. In that view of the matter, I pass the following:
ORDER
i) The Writ Petition is allowed.
ii) The impugned letter dated 07.08.2025 at Annexure-A and the communication dated 13.10.2025 at Annexure B, are quashed.
iii) Since the petitioner has agreed to surrender the passport within 2 days' time, on receipt of the said passport, the respondents are directed to issue a short validity passport by complying with the applicable law and procedure.
iv) Any travel by the petitioner shall be subject to permission granted by the Court seized of C.C.No.631/2020 and subject to any conditions -6- NC: 2025:KHC:42682 WP No. 31748 of 2025 HC-KAR that may be imposed by the said Court. Needless to say, the Petitioner cannot travel abroad without obtaining permission from the said Court.
SD/-
(SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 90