SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Guj) 74

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

Advocates Appeared:
For the Petitioners: Mr N.K. Majmudar, Mr. Rohan N Majmudar.
For the Respondents: Mr. Pradip D. Bhate.

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 renewal.

Headnote:(A) Passports Act, 1967 - Section 6(2)(f) - GSR Notification 570(E) dated 25.08.1993 - Renewal of passport - Petitioner sought renewal for 10 years prior to expiry - Pending criminal cases under IPC - Court held that passport authorities must renew for 10 years as per rules, provided the applicant complies with any imposed travel conditions by the Trial Court. (Paras 1, 3, 10)

Facts of the case:
The petitioner faces criminal proceedings with FIRs for offences under IPC, has been released on bail, and seeks renewal of a passport set to expire before travel. (Paras 3, 6)

Findings of Court:
Directions issued for renewal of the passport for 10 years, contingent on conditions from the Trial Court regarding travel. (Paras 10, 11)

Issues: The authority of passport authorities to renew passports for individuals with pending criminal cases. (Paras 9)

Ratio Decidendi: The Trial Court must grant permission for travel abroad; passport renewals must comply with judicial orders under applicable rules. (Paras 10)

Result: The Special Civil Application is allowed, and the passport is to be renewed for 10 years.

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top