Karnataka High Court
Mohammed Imran Alias Mohammed Imran ... vs Union Of India on 28 January, 2026
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NC: 2026:KHC-D:1071
WP No. 107183 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO.107183 OF 2025 (GM-PASS)
BETWEEN:
MOHAMMED IMRAN
@ MOHAMMED IMRAN AYDRUSA
S/O. MOHAMMED GOUSE
@ MOHAMMED GOUSE HAIDRUSA
AGE. 44 YEARS, OCC. BUSINESS,
R/O. AL AYDRUS AYSHA MAHAL
MOOSA NAGAR, OPP. KHATIJATUL
KUBRA MASJID, BHATKAL,
UTTARA KANNADA-581320.
...PETITIONER
(BY SRI. S.N. KHAN, ADVOCATE AND
SRI. SAIYAD D.MULLA, ADVOCATE)
Digitally signed by
YASHAVANT AND:
NARAYANKAR
Location: HIGH
COURT OF
KARNATAKA 1. UNION OF INDIA
MINISTRY OF EXTERNAL AFFAIRS
R/BY ITS PRINCIPAL SECRETARY,
SOUTH BLOCK, NEW DELHI-110010.
2. THE REGIONAL PASSPORT OFFICE
BY ITS REGIONAL PASSPORT OFFICER,
8TH BLOCK, 80 FEET ROAD,
KORAMANGALA,
BENGALURU-560095.
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WP No. 107183 of 2025
HC-KAR
3. THE STATE OF KARNATAKA,
R/BY STATION HOUSE OFFICER,
R/BY BHATKAL TOWN POLICE STATION
BHATKAL, DIST. UTTARA KANNADA-580011.
...RESPONDENTS
(BY SRI. VENKATESH M.KHARVI, DSGI FOR R1 AND R2;
SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A
WRIT, ORDER OR SUCH OTHER DIRECTIONS, DIRECTING THE
RESPONDENT NO.1 AND 2 HEREIN TO RENEW THE PASSPORT
BEARING NO.Z2135412 VIDE ANNEXURE-B FOR A PERIOD OF 10
YEARS, CONSIDERING THE APPLICATION BEARING
NO.BN3076583883124 FILED BY THE PETITIONER VIDE
ANNEXURE-A. B. ISSUE A NO OBJECTION CERTIFICATE (NOC)
TO THE PETITIONER FOR RENEWAL OF HIS PASSPORT BEARING
NO.Z2135412 FOR A PERIOD OF 10 YEARS WITH RESPECT TO
CRIMINAL CASE IN C.C.NO.2220/2022 ARISING OUT OF CRIME
NO.229/2018 OF BHATKAL TOWN POLICE STATION, BHATKAL
PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL
JUDGE AND JMFC, BHATKAL VIDE ANNEXURE E AND F. C) PASS
SUCH OTHER ORDER DIRECTIONS OR ORDER AS THIS HON'BLE
COURT MAY DEEM FIT TO BE PASSED IN FAVOUR OF THE
PETITIONER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
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NC: 2026:KHC-D:1071
WP No. 107183 of 2025
HC-KAR
CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayer:
"a. Issue a writ, order or such other directions, directing the Respondent No.1 and 2 herein to renew the Passport bearing No.Z2135412 vide ANNEXURE-B for a period of 10 years, considering the application bearing No.BN3076583883124 filed by the Petitioner vide ANNEXURE-A. b. Issue a No Objection Certificate (NOC) to the Petitioner for renewal of his passport bearing No.Z2135412 for a period of 10 years with respect to Criminal Case in C.C.No.2220/2022 arising out of Crime No.229/2018 of Bhatkal Town Police Station, Bhatkal pending on the file of the learned Principal Civil Judge and JMFC, Bhatkal vide ANNEXURE E and F.
c) Pass such other order directions or order as this Hon'ble court may deem fit to be passed in favour of the Petitioner in the facts and circumstances of the case."
2. It is the case of the petitioner that, the petitioner is a holder of passport bearing number Z2135412 issued at the Regional Passport Office, Bangalore dated 16.10.2010. The date of the expiry of the passport is 15.07.2020. Respondent No.3/ Police has registered a case against the petitioner and others in Crime No.229/2018 dated 07.12.2018 for the offences -4- NC: 2026:KHC-D:1071 WP No. 107183 of 2025 HC-KAR punishable under Sections 420, 465, 467, 471 and 468 of the Indian Penal Code, 1860 (for short, 'IPC'). The allegation against the petitioner is that, he has instigated the wife of the complainant to invest in their company and thereby cheated them, on this score FIR came to be registered. Respondent No.3, after investigation, filed charge sheet against the petitioner and others before the Principal Civil Judge (Jr.Dn.) and J.M.F.C., Bhatkal and the learned Magistrate had taken cognizance against the petitioner and others on 21.12.2021 for the offences punishable under Sections 465, 468, 471, 406, 419, 420 and 120B of the IPC and registered the case in C.C. No.2220/2022. In connection to the above case, respondent No.3/ Police have seized the passport of the petitioner and in consequences, the petitioner filed a memo before the Trial Court seeking direction to the Investigating Officer to return the passport and the Court vide order dated 22.07.2019 was pleased to allow the same. When the Investigating Officer failed to return the passport, the petitioner had filed another memo dated 20.09.2019 seeking direction to the Investigation Officer, but, the said memo came to be rejected by the Trial Court dated 05.02.2020 on the ground that the Investigating Officer has submitted the passport to the -5- NC: 2026:KHC-D:1071 WP No. 107183 of 2025 HC-KAR Regional Passport Officer/ respondent No.2 and now, the Passport Authority has impounded passport under Section 10 of the Passports Act, 1967. Then the petitioner has filed a petition i.e.in Criminal Petition No.102759/2023 to quash the entire proceedings in C.C. No.2220/2022 on the file of the Principal Civil Judge (Jr.Dn.) and JMLC, Bhatkal and in the said petition further proceedings are stayed by order dated 30.10.2023 so far as the petitioner and two other accused are concerned. Thereafter, the petitioner applied for renewal of the passport before respondent No.2 and during the pendency of the application, respondent No.2 issued a letter dated 28.06.2024 as the petitioner is involved in a crime and the same is pending trial. The petitioner replied to the letter dated 28.06.2024 and gave a representation dated 03.12.2024 to the Regional Passport Officer dated 03.12.2024. Thereafter, the respondents have issued another letter dated 23.04.2025, whereby, two shortcomings in the application for renewal of the passport of the petitioner. Hence, the petitioner is before this Court.
3. Learned counsel appearing for the petitioner submits that, till today, respondent Nos.1 and 2 have neither acted on -6- NC: 2026:KHC-D:1071 WP No. 107183 of 2025 HC-KAR the application of the petitioner nor renewed the passport of the petitioner. Hence, the petitioner seeks a direction to the respondents to renew the passport, notwithstanding the pendency of the criminal cases. He relied on an order passed by a Co-ordinate Bench of this Court in WP No.24269/2023 arising out of a case i.e. between SANTOSH BEEJADI SRINIVASA AND UNION OF INDIA AND OTHERS1, where the permission is granted to approach the Court seeking issuance of a short validity passport and the concerned Court shall consider such application strictly in consonance with the Act i.e. GSR-570 and its requirements; the Court shall not reject the application for issuance of a short validity passport on the ground of pendency of criminal case before it; the petitioner in the application, shall clearly indicate the reason and the intended date of travel from the shores of this nation and his return to the shores of the nation. Learned counsel further submits that an order may be passed in the similar line.
4. Learned counsel appearing for respondent Nos.1 and 2 submits that, there cannot be a positive direction to 1 Disposed of on 04.12.2023 -7- NC: 2026:KHC-D:1071 WP No. 107183 of 2025 HC-KAR respondent Nos.1 and 2 to renew the passport. He relied on the Division Bench judgment of the Kalaburagi Bench arising out of CCC No.200184/2023 clubbed with Writ Appeal No.200170/2022 in the case of SANJAY KHENY Vs. KRISHNA K2. He submits that the Division Bench has categorically observed that in 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, the permission of the Court where the criminal proceedings are pending against the appellant is required to be taken. As rightly submitted by the DSGI therein, that particular case is not a case which falls under Clause (e) of sub-section (2) of Section 6 of the Act, therefore, since this case falls under Clause (f) of sub- section (2) which allows a Passport Authority to refuse to issue a passport on any or more of the 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 submission is upheld and the Court has directed the petitioner therein to approach the Court where the criminal case is pending and seek 2 Disposed of on 18.12.2023 -8- NC: 2026:KHC-D:1071 WP No. 107183 of 2025 HC-KAR permission for renewal of the passport. If such permission is granted by the Court, the same can be submitted before the Passport Authority and the Passport Authority shall proceed to renew the passport. Basing on this, learned counsel submits that, this is a case which falls under Clause (f) of sub-section (2) of Section 6 of the Act as such the permission of the Court is required and the petitioner is at liberty to approach in the light of the order passed by the Division Bench.
5. In response to that, learned counsel appearing for the petitioner submits that, already in his quash petition the Court had stayed all further proceedings. As such, there may be a direction to the Court to consider his application inspite of the stay granted in the criminal petition.
6. Having heard the learned counsels on either, perused the material on record. The Division Bench judgment in SANJAY KHENY Vs. KRISHNA K referred supra applies to the facts of the case where, as a criminal case is pending, they have to go before the very same Court seeking this relief. But as the criminal proceedings are stayed by the High Court and the petitioner wants those proceedings for the limited purpose to be -9- NC: 2026:KHC-D:1071 WP No. 107183 of 2025 HC-KAR opened and it is for the petitioner to file an appropriate application in the pending criminal petition. If this Court passes an order directing the Court to consider it, it would be contrary to the orders passed by the Court in the criminal petition. In that view of the matter, this Court is passing the following:
ORDER
(i) Accordingly, the writ petition is disposed of giving liberty to the petitioner to move an appropriate application before the Court where the criminal petition is pending.
(ii) All I.As. in this writ petition shall stand closed.
Sd/-
JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 121