The court ruled that passport renewal must be granted for ten years per applicable guidelines, emphasizing the Trial Court's authority to determine travel permissions amidst pending criminal charges.

ORDER :

ANIRUDDHA P. MAYEE, J.

1. Rule returnable forthwith. Mr. Pradip D. Bhate, learned advocate waives service of rule for the respondent.

2. By the present writ petition, the petitioner has prayed for direction to renew passport of the petitioner for a period of 10 years.

3. Learned advocate for the petitioner submits that an FIR being No. CR-I No. 11191036240020 of 2024 came to be lodged with the Navrangpura Police Station, Ahmedabad for the offences punishable under Sections 306 , 506(2), 506(1) and 114 of the Indian Penal Code. He submits that in connection with the said FIR, the petitioner was released on anticipatory bail by this Court in Criminal Misc. Application No. 5059 of 2024 dated 02.04.2024. It is further submitted that the petitioner has preferred an application for quashing the said FIR before this Court by way of Criminal Misc. Application (Quashing) No. 13323 of 2024, wherein this Court by order dated 12.07.2024 was pleased to grant interim relief and the same is pending before this Court. It is further submitted that the petitioner is holding passport being N5763291 and the same has expired on 06.12.2025, the petitioner has also holding visitor visa of United States of America which has also been expired on 01.02.2025. Thereafter the petitioner has preferred an application for release of the passport before the trial Court and the same has been allowed by the trial Court by order dated 19.12.2025 passed in Cr.M. A. No. 13976 of 2025. He submits that the petitioner approaches this Court for renewal of his passport for a period of ten years.

4. Mr. Pradip D. Bhate, learned advocate for the respondent submits that the passport application of the petitioner is to be processed in accordance with the GSR Notification 570(E) dated 25.08.1993. He submits that the citizens who are facing criminal proceedings have to produce orders from the Court concerned permitting them to depart from India.

5. Heard learned advocates for the parties, perused the documents on record and considered the submissions.

6. At the outset, it is not in dispute that FIR being CR-I No. 11191036240020 of 2024 came to be lodged with the Navrangpura Police Station, Ahmedabad for the offences punishable under Sections 306 , 506(2), 506(1) and 114 of the Indian Penal Code. In connection with the said FIR, the petitioner was released on anticipatory bail by this Court in Criminal Misc. Application No. 5059 of 2024 dated 02.04.2024. The petitioner has also preferred an application for quashing the said FIR before this Court by way of Criminal Misc. Application (Quashing) No. 13323 of 2024, wherein this Court by order dated 12.07.2024 was pleased to grant interim relief and the same is pending before this Court. It is also not in dispute that the petitioner has preferred an application for release of the passport before the trial Court and the same has been allowed by the trial Court by order dated 19.12.2025 passed in Cr.M. A. No. 13976 of 2025.

7. The GSR Notification 570(E) dated 25.08.1993 reads as under:-

“G.S.R 570 (E)-In exercise of the powers conferred by clause (a) of the Section 22 of the Passports Act 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offences alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of