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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE
Sarojben Rameshbhai Panchal – Appellant
Versus
Regional Passport Officer, Gujarat State , Ahmedabad – Respondent
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 issue fresh passport to the petitioner for a period of 10 years.
3. It is submitted by the learned advocate for the petitioner that an FIR being C.R.No.I- 11191028201628 of 2020 came to be filed in the Vejalpur Police Station, for the offence punishable under Sections 323 , 498 & 144 IPC read with Section 3 & 7 of Dowry Prohibition Act against the petitioner by daughter-in-law of petitioner on 03.09.2020 making totally vague allegations and for the alleged incident occurred on 27.10.2019, after 11 months the FIR came to be filed. It is submitted that it was peak Covid-19 period, therefore, as per prevailing practice, the police had arrested all the accused and released them on bail as per directives of the Hon’ble Apex Court immediately. Thereafter, on completion of investigation, the police has filed charge sheet being Charge-sheet No. 184 of 2020 on 16.10.2020. It is further submitted that the trial has not yet commenced and even the charge is not framed. Learned advoca
The passport authorities must renew passports for a period of 10 years, while travel permissions during pending criminal proceedings must be obtained from the Trial Court.
The Trial Court has exclusive authority to decide on travel permissions for individuals with pending criminal cases, while passport authorities must comply with the court's specified terms for renewa....
The authority to permit travel abroad for individuals facing criminal charges lies solely with the Trial Court, as established by the Passports Act and clarified through GSR Notification 570(E).
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.
Only the Trial Court has the authority to determine whether an individual facing criminal charges can travel abroad, and passport authorities must issue passports as affirmed by prior judicial guidel....
Passport renewal amid pending criminal proceedings requires a court order. Authorities must comply with GSR Notification 570(E) allowing renewal for ten years if court permissions are granted for int....
Accused's passport must be renewed for ten years, subject to trial court's conditions for travel abroad based on established guidelines.
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