Karnataka High Court
Asadkhan Pathan S/O Sardar Khan Pathan vs The State Of Karnataka on 18 December, 2025
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NC: 2025:KHC-D:18697
WP No. 108969 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF DECEMBER 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.108969 OF 2025 (GM-POLICE)
BETWEEN:
ASADKHAN PATHAN S/O. SARDAR KHAN PATHAN,
AGE. 56 YEARS, OCC. NIL, R/O. SABGERI JABBI,
TQ. YELLAPUR, DIST. UTTARA KANNADA-581 359.
...PETITIONER
(BY SRI. SADIQ N. GOODWALA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME,
M.S. BUILDING, BANGALORE-560001.
Digitally signed by
2. THE SUPERINTENDENT OF POLICE
CHANDRASHEKAR
LAXMAN
KATTIMANI
KARWAR, DIST. KARWAR-581301.
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH 3. THE CIRCLE POLICE INSPECTOR,
YELLAPUR POLICE STATION,
YELLAPUR-581 359, DIST. KARWAR.
4. REGIONAL PASSPORT OFFICER,
OPP. TO GLASS HOUSE,
HUBBALLI, DIST. DHARWAD.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R1-R3;
SRI. VENKATESH M. KHARVI, ADVOCATE FOR R4)
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NC: 2025:KHC-D:18697
WP No. 108969 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.2
AND 3 TO ISSUE CLEARANCE CERTIFICATE FOR RENEWAL OF
PASSPORT BEARING NO.N5773586 VIDE ANNEXURE-A
FORTHWITH.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
1. This petition is filed seeking writ of mandamus to direct respondents No.2 and 3 to issue clearance certificate for renewal of passport bearing No.N5773586.
2. Admitted factual position is, petitioner's son's passport is going to expire on 31.12.2025. The petitioner claims that his son is now residing in Saudi Arabia and he is the citizen of India.
3. The respondent-State has filed objection on the premise that a case is pending against the -3- NC: 2025:KHC-D:18697 WP No. 108969 of 2025 HC-KAR petitioner's son since 2018 and the charge-sheet is filed for offences under Sections 147, 148, 323, 324, 341, 504, 506 read with Section 149 of Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Act, 2015; and petitioner's son has not turned up and appeared before the Court to face the trial.
4. It is the further submission of learned Additional Government Advocate appearing for the respondent-State that despite two lookout circulars, the petitioner son's presence could not be secured.
5. Under these circumstances, this Court does not find merit in the petitioner's application seeking direction to issue clearance certificate for renewal of the passport of his son.
6. It is also noticed that the petition is not filed by the person affected and it is filed by the passport -4- NC: 2025:KHC-D:18697 WP No. 108969 of 2025 HC-KAR holder's father. Accordingly, the petition is dismissed.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE AM/-
CT-MCK LIST NO.: 38 SL NO.: 15