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SRI. SUNIL GUPTA v. UNION OF INDIA
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8THDAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.8570 OF 2022 (GM-PASS)
BETWEEN:
SRI. SUNIL GUPTA,
AGED ABOUT 41 YEARS,
S/O NAGENDRA GUPTA,
HOUSE NO.71, SHRINIDHI BVB
HOSTEL ROAD, VIDYANAGAR,
HUBBALLI - DHARWAD CITY, KARNATAKA - 580031. …PETITIONER
(BY SRI. C.V. SRINIVASA, ADVOCATE)
AND:
1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
JAWAHARLAL NEHRU BHAVAN,
23-D, JANPATH,
NEW DELHI - 110011.
2. THE JOINT SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
JAWAHARLAL NEHRU BHAVAN,
23-D, JANPATH, NEW DELHI - 110011.
3. REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
BANGALORE, 8TH BLOCK, 80 FEET ROAD,
KORAMANGALA,
BENGALURU - 560095.
4. INSPECTOR OF POLICE,
VIDYANAGAR, HUBLI - THANA POLICE STATION,
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HUBBALLI - 580021.
5. THE COMMISSIONER OF POLICE
HUBLI - DHARWAD CITY OLD P.B. ROAD, NAVANAGAR, HUBBALLI - 580025. …RESPONDENTS
(BY SRI.ADITYA SINGH, ADVOCATE
FOR R1 TO R3;
SRI.VINOD KUMAR, AGA FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER OF CLOSURE OF PETITIONERS PASSPORT
APPLICATION NO.BN3073392101721 PASSED BY R3 VIDE
LETTER DTD 13.09.2021 PRODUCED VIDE ANNEXURE-A AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The short grievance of the petitioner is as to the alleged rejection of his request for issuance of new passport. Learned CGC appearing for the respondents submits that as yet, no decision has been taken in respect of the second application of the petitioner inasmuch as some criminal case is pending wherein he happens to be one of the accused persons. He further adds that the fresh application would be considered provided that the petitioner obtains some clearance at the hands of the criminal court in terms of Notification dated 25.08.1993 and a decision of this court in Ateeq Ahmed's Case in W.P.No.2658/2021 (GM-PASS) decided on 1.2.2022.
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2. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant a limited indulgence in the matter as under and for the following reasons:
(a) The Apex Court in MANEKA GANDHI Vs. UNION OF INDIA, 1978 SC 597 has held that the right to travel abroad is a part of fundamental rights guaranteed under Articles 19(1) & 21 of the Constitution of India and therefore, a citizen is entitled to apply for and procure the travel documents for facilitating such a travel. However, the subject notification of the Central Government issued u/s 22 of the Passports Act, 1967 expects some clearance at the hands of jurisdictional criminal court wherein the criminal proceedings against the applicant are pending consideration. In such matters, this court has shown a way vide Ateeq Ahmed supra.
(b) The vehement submission of learned counsel for the petitioner that the said criminal proceedings have been temporarily interdicted by a Coordinate Bench of this court in his Crl.P.No.5265/2021 and therefore, the hands of his client are tied, need not deter the criminal court from deciding application of the kind inasmuch as what is stayed is the criminal proceeding
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and not petitioner's application which is to be independently constituted in the pending proceedings in the light of observations in Ateeq Ahmed keeping in view the statutory notification, as well.
In the above circumstances, this Writ Petition is disposed off, reserving liberty to the petitioner to move the jurisdictional criminal court for issuance of travel permission so that the same becomes handy for consideration of his passport application, in accordance with law. Such an application (BN3074260805122) already moved by the petitioner shall be considered by the learned Judge of the Criminal Court at a post haste and in accordance with law. All contentions are kept open. No costs.
Sd/-
JUDGE
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