MR. MANJESH J v. THE REGIONAL PASSPORT OFFICER
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
- Indian Penal Code, 1860 s. 379
Judgment
MR. MANJESH J., S/O JAGADISH, AGED ABOUT 26 YEARS, R/AT NO.226, 3RD CROSS, 2ND MAIN ROAD, GANGADHARA NAGAR, SARAKKI GATE, J.P.NAGAR, BENGALURU – 560 078. Location: HIGH COURT OF KARNATAKA (BY SRI AKASH R. RAO, ADVOCATE) AND:
THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, NO.45, LAL BAGH MAIN ROAD, NEAR URVASHI THEATER, SUDHAMA NAGAR, BENGALURU – 560 027.
THE STATE OF KARNATAKA BY JAYANAGAR POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR. …PETITIONER - 2 - NC: 2024:KHC:13966 WP No. 15860 of 2023 (AMENDED CARRIED OUT AS PER ORDER DATED 25/09/2023) …RESPONDENTS (BY SRI H.SHANTHI BHUSHAN, DSGI FOR R-1; SRI RAHUL CARIAPPA K.S., AGA FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE REPRESENTATION DTD.09.06.2023 OF THE PETITIONER VIDE ANNX-J AND ISSUE A FRESH PASSPORT IN FAVOUR OF PETITIONER. RESPONDENT CONSIDER THE TO THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner is before this Court seeking a direction to consider a representation dated 09.06.2023, submitted for issuance of a fresh passport in his favour.
2. Heard Sri Akash R. Rao, learned counsel for petitioner, Sri H. Shanthi Bhushan, learned Deputy Solicitor General of India for respondent No.1 and Sri Rahul Cariappa K.S., learned Additional Government Advocate for respondent No.2.
The petitioner gets embroiled in a crime along with others for the offence under Section 379 of the IPC in Crime No.199/2011. It transpires that the police after investigation dropped the name of the petitioner from the array of accused - 3 - NC: 2024:KHC:13966 WP No. 15860 of 2023 while filing the charge sheet. As on the date of filing of the charge sheet, there is no crime pending against the petitioner. The petitioner submits an application before the Regional Passport Officer on 11.09.2019 seeking issuance of a passport. This comes to be rejected on the score that a Court order would be required. Rejection comes about in the year 2019. Therefore, a representation is submitted on 09.06.2023, 4 years after the said date of rejection. The non-consideration of his representation has lead the petitioner to knock at the doors of this Court in the subject petition.
Since the application and the proceedings before the Regional Passport Officer is spent itself, I deem it appropriate to direct the petitioner to submit a fresh application seeking issuance of a passport to the Regional Passport Officer and the Regional Passport Officer to redress the grievance of the petitioner in the light of the fact that no crime is pending against the petitioner as on today.
If no crime is pending against the petitioner, the respondents cannot project impediment for issuance of a passport without brooking any delay. - 4 - NC: 2024:KHC:13966 WP No. 15860 of 2023
For the aforesaid reasons, the following: ORDER a. The writ petition is disposed. b. The petitioner is directed to submit a fresh application within two weeks from today and the Regional Passport Officer to issue a passport to the petitioner within two weeks from the date of submission of the application, if not earlier. Sd/- JUDGE NVJ List No.: 1 Sl No.: 73
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.