Sri. A.K Muthappa vs The Union Of India on 25 March, 2019

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Karnataka High Court

Sri. A.K Muthappa vs The Union Of India on 25 March, 2019

Bench: Alok Aradhe

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF MARCH 2019

                          BEFORE
         THE HON'BLE MR. JUSTICE ALOK ARADHE

       WRIT PETITION NO.56925 OF 2013 (GM-PASS)

BETWEEN:

SRI A.K.MUTHAPPA
S/O A.S.KALAPPA
AGED ABOUT 52 YEARS
R/AT BALLAMAVUTI VILLAGE & POST
MADIKERI TALUK
KODAGU DISTRICT                           ... PETITIONER

(BY MR.T.A.KARUMBAIAH, ADV.)

AND:

1.      THE UNION OF INDIA
        DEPARTMENT OF MINISTRY OF
        EXTERNAL AFFAIRS
        NEW DELHI

2.      THE REGIONAL PASSPORT OFFICER
        8TH BLOCK, 80 FT ROAD,
        KORAMANGALA
        BANGALORE-560 095

3.      THE PASSPORT OFFICER
        REGIONAL PASSPORT OFFICE
        8TH BLOCK, 80 FT ROAD
        KORAMANGALA
        BANGALORE-560 095               ... RESPONDENTS

(BY MR.NAVEEN CHANDRASHEKAR,
    CENTRAL GOVERNMENT COUNSEL)
                         ---
                               2



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
ANNEXURE-F THE COMMUNICATION DATED:01.08.2012 ISSUED
BY THE R-3 AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-


                           ORDER

Sri.T.A.Karumbaiah, learned counsel for the petitioner.

None for the respondents.

2. The writ petition is admitted for hearing. With consent of the parties, the same is heard finally.

3. learned counsel for the petitioner seeks quashment of the communication dated 01.08.2012 issued by respondent No.3 by which respondent No.3 has refused to issue the passport to the petitioner on the ground that a criminal case is pending against the petitioner.

4. When the matter was taken up today, learned counsel for the petitioner submitted that the 3 criminal case was ended in acquittal and therefore, he be granted liberty to file a fresh application along with a copy of the aforesaid judgment and respondent No.3 be directed to consider the application afresh and in accordance with law.

5. In view of the submissions made and in the facts of the case, the petition is disposed of with a liberty to the petitioner that in case, the petitioner files an application along with a copy of the judgment within a period of three weeks from the date of receipt of certified copy of the order passed today, the respondent No.3 shall pass an order afresh on the application which may be submitted by the petitioner for issuance of passport in accordance with law.

Accordingly, the petition is disposed of.

Sd/-

JUDGE SS

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Karnataka High Court