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NC: 2023:KHC-K:9282-DB

CCC No.200184 of 2023

C/W WA No.200170 of 2022

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 18^TH DAY OF DECEMBER, 2023

PRESENT

THE HON'BLE MR. JUSTICE R.DEVDAS

AND

THE HON'BLE MR. JUSTICE C M JOSHI

CIVIL CONTEMPT PETITION NO.200184 OF 2023

C/W

WRIT APPEAL NO.200170 OF 2022

IN C.C.C.NO.200184 OF 2023

BETWEEN:

SANJAY G. KHENY

S/O GURUBASAPPA KHENY

AGE : 53 YEARS, OCC: AGRICULTURE

R/O NO.201, VILLAGE SITALGERA

TALUK HUMANABAD,

DIST. BIDAR – 585 329.

…COMPLAINANT

(BY SRI AMRESH S. ROJA, ADVOCATE)

AND:

1.

SRI. KRISHNA K

S/O KENGAPPA

AGE : 42 YEARS,

OCC : REGIONAL PASSPORT OFFICER,

REGIONAL PASSPORT OFFICE,

8TH BLOCK, 80 FEET ROAD,

KORAMANGALA,

BENGALURU – 560 095, KARNATAKA.

(…ACCUSED/RESPONDENT)

Digitally signed by

VARSHA N

RASALKAR

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC-K:9282-DB

CCC No.200184 of 2023

C/W WA No.200170 of 2022

2.

THE UNION OF INDIA

MINISTRY OF EXTERNAL AFFAIRS

SOUTH BLOCK NEW DELHI – 110 001

REPRESENTED BY ITS

PRINCIPAL SECRETARY.

(…PROFORMA PARTY)

…RESPONDENTS

(BY SRI SUDHIRSINGH R.VIJAPUR, DSGI)

THIS CCC IS FILED UNDER SECTION 10 OF CONTEMPT

OF COURT ACT READ WITH UNDER ARTICLE 215, PRAYING TO

INITIATE

CONTEMPT

PROCEEDINGS

AND

PUNISH

THE

ACCUSED UNDER THE CONTEMPT ACT FOR GVERREACHING

THE ORDER PASSED IN WRIT PETITION 201057/2022 ORDER

DATED 13.07.2022 VIDE ANNEXURE-N IN THE INTEREST OF

JUSTICE AND EQUITY.

IN W.A.NO.200170 OF 2023

BETWEEN:

1.

THE UNION OF INDIA

MINISTRY OF EXTERNAL AFFAIRS

SOUTH BLOCK

NEW DELHI – 110 001

REPRESENTED BY ITS

PRINCIPAL SECRETARY

2.

THE PASSPORT AUTHORITY OF INDIA

PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS

ROOM NO.8, PATIALA HOUSE

TILAK MARG, NEW DELHI – 110 001.

REPRESENTED BY ITS

CHIEF PASSPORT OFFICER.

3.

THE REGIONAL PASSPORT OFFICE

8^TH BLOCK, 80 FEET ROAD

KORAMANGALA,

BENGALURU – 560 095, KARNATAKA

REPRESENTED BY ITS

REGIONAL PASSPORT OFFICER.

…APPELLANTS

(BY SRI SUDHIRSINGH R. VIJAPUR, DSGI)

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NC: 2023:KHC-K:9282-DB

CCC No.200184 of 2023

C/W WA No.200170 of 2022

AND:

SANJAY G. KHENY

S/O GURUBASAPPA KHENY

AGE 52 YEARS, OCC: AGRICULTURE

R/O NO.201, VILLAGE SITALGERA

TQ: HUMANABAD,

DIST: BIDAR – 585 330.

……RESPONDENT

(BY SRI AMARESH S. ROJA, ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THIS

APPEAL AND SET ASIDE THE ORDER DATED 13.07.2022 MADE

IN W.P.NO.201057/2022 (GM-PASS) WHEREBY UPHOLD THE

COMMUNICATION DATED:11.03.2022 INTEREST OF JUSTICE

AND EQUITY.

THIS CCC AND WRIT APPEAL COMING ON FOR ORDERS

THIS DAY, R.DEVDAS J., MADE THE FOLLOWING:

ORDER

R. DEVDAS J., (ORAL):

The Union of India and the Passport Authority are in

appeal against the impugned order dated 13.07.2022

passed

by

the

learned

Single

Judge

in

W.P.No.201057/2022, while the writ petitioner has filed a

contempt petition alleging willful disobedience of the

orders passed by the learned Single Judge. Both the

matters are taken up for consideration.

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NC: 2023:KHC-K:9282-DB

CCC No.200184 of 2023

C/W WA No.200170 of 2022

2. Learned Deputy Solicitor General of India (DSGI,

for short) would press into service a notification issued by

the Ministry of External Affairs on 25.08.1993. The DSGI

would submit that in terms of the said notification the writ

petitioner is required to take the permission of the

concerned Court where the criminal case is pending

against him, even for the purpose of getting the passport

renewed. On the other hand, it is the submission of the

learned Counsel for the complainant/writ petitioner that

the said notification would be relevant only in a case

where the applicant is seeking to leave the country/travel

abroad and it would not be applicable to the cases where