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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE
Kathan Satishbhai Patel – Appellant
Versus
Union Of India – Respondent
ORDER :
ANIRUDDHA P. MAYEE, J.
1. By the present writ petition, the petitioner has prayed for direction to issue fresh passport to the petitioner for a period of 10 years.
2. Learned advocate for the petitioner submits that an FIR being No.11191001230247 of 2023 came to be lodged with the Anand Nagar Police Station, Ahmedabad for the offences punishable under Sections 5 , 4 of Prevention of Gambling Act, Sections 406 , 419, 114, 420 of the Indian Penal Code, Sections 66 (c), 66(d) of IT Act and Sections 23 (e), 23(g), 23(h), 23(a), 23(f) of the Securities Contract Regulations Act. He submits that in connection with the FIR, the petitioner has been granted bail vide order dated 27.07.2023 in Criminal Misc. Application No.2741 of 2023 by the concerned Court. He submits that due to lodging of FIR against the petitioner, the respondent passport authority is not issuing the passport to the petitioner and the petitioner is desirous of traveling abroad for business purpose.
3. 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 ci
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....
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 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 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 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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