[Cites 6, Cited by 0]
Karnataka High Court
The Union Of India vs Shashidhar S/O Rajashekhar ... on 28 November, 2025
Author: S G Pandit
Bench: S G Pandit
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WA No. 100523 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
WRIT APPEAL NO.100523 OF 2024 (GM-PASS)
BETWEEN:
1. THE UNION OF INDIA,
R/BY ITS PRINCIPLE SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
SOUTH BLOCK SECRETARIAT,
RISINA HILLA, NEW DELHI-110 001.
2. THE REGIONAL PASSPORT OFFICER,
O/O THE REGIONAL PASSPORT OFFICE BENGALURU,
8TH BLOCK, 80 FEET ROAD, KORAMANGALA,
BENGALURU-560 095.
...APPELLANTS
(BY SRI. VENKATESH M. KHARVI, DSGI)
AND:
1. SRI. SHASHIDHAR
S/O RAJASHEKAR ULLAGADDIMATH
MOHANKUMAR
B SHELAR
AGE. 57 YEARS, OCC. ARMS BUSINESS,
R/O ULLAGADDIMATH ROAD, HUBBALLI-580 021.
Digitally signed by
MOHANKUMAR B
SHELAR
Location: HIGH COURT
2. THE COMMISSIONER OF POLICE,
OF KARNATAKA
DHARWAD BENCH
O/O POLICE COMMISSIONER,
HUBBALLI-DHARWAD, NAVANAGAR,
HUBBALLI-580 025.
...RESPONDENTS
(BY SRI. L.S. SULLAD, ADVOCATE FOR R1;
SRI. SHARAD V. MAGADUM, AGA FOR R2)
THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE IMPUGNED ORDER
PASSED BY THE HON'BLE LEARNED SINGLE JUDGE, HIGH COURT OF
KARNATAKA, DHARWAD BENCH IN WRIT PETITION NO.104706/2024
DATED 28/08/2024 IN THE INTEREST OF JUSTICE & ETC.
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WA No. 100523 of 2024
HC-KAR
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Heard Sri. Venkatesh M Kharvi, learned DSGI for the
appellants; learned counsel Sri. L.S. Sullad for respondent
No.1 as well as learned AGA Sri. Sharad V Magadum for
respondent No.2. Perused the entire writ appeal papers.
2. The Union of India and Regional Passport Officer
are before this Court under Section 4 of the Karnataka High
Court Act, 1961, aggrieved by order dated 28.08.2024
passed in WP No.104706/2024, whereunder, the learned
Single Judge directed the Passport Officer to consider the
application filed by the petitioner dated 15.3.2024 for
renewal of his passport.
3. The parties would be referred to as they stood
before the learned Single Judge.
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4. The fact that CC No.950/2020 on the file of
learned Prl. Civil Judge and JMFC, Hubballi for the offences
punishable under Sections 25(1) (1B) and 30 of Indian
Arms Act, 1959 as well as other criminal cases pending
against the petitioner is not in dispute. It is also not in
dispute that the petitioner has approached this Court in
Crl.P.No.100133/2021 questioning the proceedings in Crime
No.211/2016 registered by Sub-Urban Police Station,
Hubballi. This Court by order dated 10.02.2022 stayed
further proceedings in CC No.950/2020 on the file of
learned Prl. Civil Judge and JMFC, Hubballi.
5. Learned counsel for the petitioner would support
the order passed by the learned Single Judge and would
further submit that the Passport Authority could not have
denied the renewal of passport solely on the ground of
pendency of CC No.950/2020 before the learned Prl. Civil
Judge and JMFC, Hubballi.
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6. Learned counsel for respondent placing reliance
on Section 6 of the Passports Act, 19671 and judgment
rendered by a co-ordinate Bench of this Court in CCC
No.200184/2023 c/w WA No.200170/20222, dated
18.12.2023, contends that even for renewal of passport,
permission of the Court, where criminal proceedings are
pending, is required to be taken.
7. We have considered the submission of learned
counsel appearing for the parties.
8. Under Section 6 of the Act of 1967, Passport
Authority could refuse the passports or travel documents on
the grounds stated therein. Section 6(2) of the Act of 1967
reads as follows:
6. Refusal of passports, travel documents
etc.-
(1) xxxxxx xxxxxx
(2) Subject to the other provisions of this
Act, the passport authority shall refuse
For short, 'Act of 1967'
Sanjay G. Kheny Vs. Krishna & Another
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to issue a passport or travel document
for visiting any foreign country under
clause (c) of sub-section (2) of section
5 on any one or more of the following
grounds, and on no other ground,
namely:--
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to,
engage outside India in activities prejudicial to
the sovereignty and integrity of India;
(c) that the departure of the applicant from
India may, or is likely to, be detrimental to
the security of India;
(d) that the presence of the applicant outside
India may, or is likely to, prejudice the
friendly relations of India with any foreign
country;
(e) that the applicant has, at any time during
the period of five years immediately preceding
the date of his application, been convicted by
a court in India for any offence involving
moral turpitude and sentenced in respect
thereof to imprisonment for not less than two
years;
(f) that proceedings in respect of an
offence alleged to have been committed
by the applicant are pending before a
criminal court in India;
(g) that a warrant or summons for the
appearance, or a warrant for the arrest, of the
applicant has been issued by a court under
any law for the time being in force or that an
order prohibiting the departure from India of
the applicant has been made by any such
court;
(h) that the applicant has been repatriated
and has not reimbursed the expenditure
incurred in connection with such repatriation;
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(i) that in the opinion of the Central
Government the issue of a passport or travel
document to the applicant will not be in the
public interest.
9. Clause (f) in Section 6(2) of Act, 1967 makes it
clear that when the proceedings in respect of offences
alleged to have been committed by the applicant are
pending before a Criminal Court in India, the Passport
Authority could refuse to issue passport or travel document.
10. A co-ordinate Bench of this Court in CCC
No.200184/2023 c/w WA No.200170/2022 stated supra
considering the provisions of Section 6(2)(e & f) at
paragraphs-6 and 7 has observed as under:
6. Having heard the learned Counsel for the
complainant/writ petitioner and the learned DSGI
for the appellants/respondents and on perusing
the petition papers, this Court finds that there has
been a consistent view of this Court that in a cases
falling under clause (f) of sub-section (2) of
Section 6, even for the purpose of obtaining a
passport or renewal of a passport also the
permission of the Court where the criminal
proceedings are pending against the applicant is
required to be taken. As rightly submitted by the
learned DSGI, this is not a case which falls under
clause (e) of sub-section (2) of Section 6 of the
Act and therefore, we are of the opinion that since
the case falls under clause (f) of sub-section (2)
which empowers the Passport Authority to refuse
to issue a passport on any one or more of the
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grounds enumerated therein and clause (f) is a
situation where proceedings in respect of an
offence alleged to have been committed by the
applicant is pending before a criminal Court in
India, the submissions of the learned DSGI has to
be upheld.
7. In that view of the matter, we proceed to allow the
writ appeal filed at the hands of the Union of India
and the Passport Authority, while setting aside the
impugned order dated 13.07.2022 passed by the
learned Single Judge in W.P.No.201057/2022. The
writ petitioner is free to approach the Court where
the criminal case is pending and seek permission
for renewal of passport and if such permission is
granted, the same can be submitted before the
Passport Authority and if such permission is
granted by the Court, the Passport Authority shall
proceed to renew the passport in favour of the writ
petitioner in accordance with law.
11. There is no reason to disagree with the above
observation of co-ordinate Bench of this Court. Accordingly,
the order of the learned Single Judge requires modification.
Hence, the following:
ORDER
The order of learned Single Judge dated
28.08.2024 in WP No.104706/2024 is modified
directing the petitioner to approach the Court, in which
CC No.950/2020 is pending, or the petitioner is at
liberty to file appropriate application in the pending
criminal petition before this Court.
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With the above modification, the writ appeal stands
disposed of.
Pending applications, if any, are disposed of as not
surviving for consideration.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
JTR
CT:VP
