IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF OCTOBER, 2020 BEFORE THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.9141/2020 (GM-PASS)

BETWEEN:

MR. KRISHNA CHIRANJEEVI RAO PALUKURI VENKATA S/O PALUKURI VENKATESWARA RAO, AGED ABOUT 57 YEARS, PERMANENTLY RESIDING AT PLOT NO.20, SARADA COLONY, ANAKAPALLE, ANDHRA PRADESH-531 001, PRESENTLY RESIDING AT

24 LISA COURT, PARSIPPANY, NEW JERSEY-07054.

...PETITIONER (BY SRI LOMESH KIRAN N., ADVOCATE)

AND:

1. THE UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOUTH BLOCK, NEW DELHI-110 001.

2. PASSPORT AUTHORITY OF INDIA REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001.

3. REGIONAL PASSPORT OFFICE REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095, KARNATAKA.

4. CENTRAL BUREAU OF INVESTIGATION (CBI)

REPRESENTED BY ITS DIRECTOR, HAVING ITS HEAD OFFICE AT, PLOT NO. 5-B, 6^TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003.

5. CENTRAL BUREAU OF INVESTIGATION (CBI)

OFFICE OF HEAD BRANCH, CBI, ACB NO.36, BELLARY ROAD, GANGANAGAR, BENGALURU-560 032, KARNATAKA.

…RESPONDENTS (BY SRI C. SHASHIKANTH, ASG FOR R-1 TO R-3;

SRI P. PRASANNA KUMAR, ADVOCATE FOR R-4 AND R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO 3 TO ALLOW THE PETITIONER’S APPLICATION DATED 22.1.2020 (ANNEXURE-A) FOR RENEWAL OF HIS PASSPORT NO.J2032048 (ANNEXURE-B) AND ACCORDINGLY RENEW AND ISSUE A FRESH PASSPORT TO THE PETITIONER; DIRECT THE R-1 TO 3 NOT TO TAKE ANY COERCIVE STEPS OR ACTIONS AGAINST THE PETITIONER INCLUDING BUT NOT LIMITED TO FACILITATING THE DEPORTATION OF THE PETITIONER FROM USA TO INDIA TILL RENEWAL AND ISSUANCE OF FRESH PASSPORT TO THE PETITIONER BY R-1 TO 3 AND ETC.

THIS WRIT PETITION COMING ON FOR FURTHER HEARING THIS DAY, THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:

O R D E R Petitioner states that, he was working at Sri Sarita Software Industries Limited at Srikakulam District, Andhra Pradesh from 1996 to 2002. In 2002, he moved to Tanzania, East Africa, where he was employed in Pharmaceutical Company. In 2006, he relocated to USA as an ERP consultant and since then residing there along with his family on H1B visa. He further states that his passport was renewed in 2010 .

2. On 6.12.2019, petitioner traveled to India to attend Visa interview at the Consulate General of the United States of America in Chennai and on 16.1.2020, he went back to USA after completing the Visa interview. On 22.1.2020, he applied for renewal of his passport bearing No.J2032048 through his travel agency before the Indian Consulate, New York, USA. On 18.5.2020, petitioner sent an e-mail to the Indian Consulate, New York USA informing that his passport was due to expire on 6.7.2020 and followed it up with several requests to renew his passport.

3. In response to the multiple requests made by the petitioner, finally on 17.6.2020, he received an e-mail from respondent No.3 stating that a letter has been received from respondent No.4 informing that a criminal case has been registered against the petitioner. Petitioner was shocked to learn that a criminal case has been registered against him which he was not aware and also the nature of the proceedings pending against him.

4. In response to the communication dated

17.6.2020, the petitioner replied on 18.6.2020 stating that he has absolutely no knowledge of any criminal case pending against him and he has been residing abroad since 2002 and has not received any information in this regard from any Authority. Petitioner also made request with respondent No.3 so as to issue a temporary passport so that he can travel to India to ascertain the details of alleged criminal case pending against him. Since there was no response by respondent No.3, petitioner has filed the instant writ petition.

5. Learned counsel for the petitioner h