IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 2650 OF 2019 (GM-PASS) BETWEEN:
SRI SUMMETH ACHARYA S/O AMIT ACHARAYA AGED ABOUT 30 YEARS RESIDING AT FLAT NO.202 USHA KURAN ANNEXE NEAR KUNDANHALLI MARATHALLI BANGALORE - 560037 (By Mr. VINOD PRASAD, ADV.) AND:
GOVERNMENT OF INDIA MINISTRY OF EXTERNAL FFAIRS BANGALORE DIST.
(By Mr. C. SHASHI KAMAT, ADV.) - - -
… PETITIONER … RESPONDENT This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to issue passport to the petitioners so that petitioner could leave for Switzerland on 08.04.2019 and return on 12.04.2019 attending 3 days Meeting/Training and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Mr.Vinod Prasad, learned counsel for the petitioner.
Mr.C.Shashikanth, learned counsel for the respondent.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs:
(i) Issue a writ of mandamus directing the respondents to issue passport to the petitioner so that petitioner could leave for Switzerland on 08.04.2019 and return on 12.04.2019 attending 3 days meeting/training.
(ii) Issue a writ or order, or direction, which the Hon’ble Court deems fit in circumstances of the case.
(iii) interim order 4. Learned counsel for the petitioner submitted that he be granted the liberty to make a suitable application where the criminal case against him is pending and the Court may be directed to pass appropriate orders with a fixed time limit. On the other hand, learned counsel for the respondent has not opposed the prayer.
5. In view of the submissions made and in the facts of the case, the petition is disposed of with a liberty that if the petitioner makes an application before the Trial Court for grant of permission to travel abroad, the Trial Court shall decide the application by a speaking order after hearing the parties and shall pass an order within a period of one week from the date of filing of such an application.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS