IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE, J.
Chistie Nizamuddin Khursheedahmed – Petitioner
Versus
The Union of India & Anr. – Respondents
R/Special Civil Application No. 717 of 2026
Decided On : 06-02-2026
| Table of Content |
|---|
| 1. petitioner seeks passport renewal amidst criminal proceedings. (Para 2 , 3 , 4 , 6) |
| 2. court observes the relevance of previous decisions on passport renewal. (Para 5) |
| 3. authority lies with the trial court for travel permissions. (Para 7 , 9) |
| 4. guidelines for renewal of passports in criminal cases. (Para 8) |
| 5. court orders renewal of passport for ten years. (Para 10 , 11) |
ORDER :
ANIRUDDHA P. MAYEE, J.
1. Rule returnable forthwith. Mr. Pradip D. Bhate, learned advocate waives service of rule for the respondents.
2. By the present writ petition, the petitioner has prayed for direction to renew passport of the petitioner for a period of 10 years, which is getting expired on 14.04.2026.
3. Learned advocate for the petitioner submits that an FIR being No. 08/2012 came to be lodged with the DCB Police Station, Vadodara City for the offences punishable under Sections 406 , 420 and 114 of the Indian Penal Code. He submits that in connection with the said FIR, the petitioner was arrested and subsequently was released on regular bail by the Sessions Court, Vadodara by order dated 31.05.2014 passed in Cr.M.A. No. 1017 of 2014. It is further submitted that after filing the charge sheet, the said FIR came to be culminated into criminal case being Criminal Case No. 52046 of 2014 which has remained pending before the 24th Additional Senior Civil Judge and ACJM, Vadodara. Learned advocate for the petitioner further submits that one FIR being FIR No. 34 of 2011 was also registered against the petitioner for the offences punishable under , 409, 420, 120-b and 114 of IPC . In the said FIR, the petitioner was arrested and subsequently was released on regular bail by the Sessions Court, Vadodara by order dated 31.05.2015 passed in Cr.M.A. No. 1018 of 2014. It is further submitted that after filing the charge sheet, the said FIR came to be culminated into criminal case being Criminal Case No. 8600 of 2015 which has remained pending before the Chief Judicial Magistrate and Additional Senior Judge, Vadodara. It is further submitted that as per condition No.8 of the operative portion of the said orders, the petitioner was directed to surrender his passport before the learned Court and the petitioner has abided by all the conditions of the said orders. It is submitted that thereafter the petitioner has preferred proceedings, seeking return of passport with a view to travel abroad, which was allowed by the Sessions Court from 04.09.2025 to 30.06.2026. He submits that the petitioner approaches this Court for renewal of his passport for a period of ten years since it is to expire on 14.06.2026.
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 the FIRs being Nos. 34 of 2011 and 8 of 2012 came to be lodged with the DCB Police Station, Vadodara City for the offences punishable under Sections 406 , 409, 420, 120-b and 114 of the Indian Penal Code. In which, the petitioner was arrested and was released on regular bail by the Sessions Court, Vadodara by order dated 31.05.2014. After filing the charge sheet, the said FIR came to be culminated into criminal case which has remained pending before the learned Trial Court, Vadodara. It is pertinent to note that the Sessions Court, Vadodara has granted permission to the petitioner to travel abroad from 04.09.2025 to 30.06.2025 on certain terms and conditions.
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 supersessi
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 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.
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).
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....
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.
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