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2017 DIGILAW 1295 (KAR)

M. Prakash, S/o B. Muniswamy v. State of Karnataka

2017-09-14

A.S.BOPANNA

body2017
ORDER : The petitioner is before this Court assailing the report of the Police dated 26.04.2015 and the rejection letter dated 01.08.2016 as at Annexures-K and L to the petition. 2. The petitioner claims to be a permanent resident of Bengaluru and was issued with a Passport. The learned counsel for the petitioner contends that the petitioner is suffering from ill-health and as such, he is required to take treatment abroad. In that regard, the petitioner is seeking issue of Passport in his favour to travel abroad. 3. The respondents on securing verification through Police have rejected the request of the petitioner by the impugned communication. In that light, a perusal of the petition papers would disclose that in fact a proceedings in Cr.No.496/2015 is pending against the petitioner. At the first instance, the petitioner had made an application before the jurisdictional Court seeking issue of Passport. The learned Magistrate having considered the application through the order dated 15.06.2016 has directed issue of Passport to the petitioner for a limited period of three months from the date of the order. In that light, if the date of the order passed by the learned Magistrate is kept in perspective and the impugned communication issued by the respondent authorities is taken note, the said communication is beyond the said period. 4. Therefore insofar as the communication issued by the respondents declining the request of the petitioner for issue of Passport, this Court at this juncture cannot interfere. Further considering the fact that the proceedings in Cr.No.496/2015 is pending before the jurisdictional Magistrate and at the first instance, the learned Magistrate had taken note of the application filed by the petitioner and passed appropriate orders and further since the said period has elapsed, if for any reason the petitioner desires consideration of the application by the respondents for issue of Passport, the appropriate course for the petitioner is to file a fresh application before the learned Magistrate making such prayer. If such prayer is made before the learned Magistrate, the learned Magistrate shall take note of the application, keep in view the provision of law as has been done at the first instance and thereafter pass appropriate orders in accordance with law. Hence with such liberty to the petitioner, the petition stands disposed of.