Dr Allan Prakash Julian Pinto vs Union Of India
2025 Latest Caselaw 9437 Kant

Karnataka High Court

Dr Allan Prakash Julian Pinto vs Union Of India on 27 October, 2025

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

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                                                              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;
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                                                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.

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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

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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

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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

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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