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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE
Sarfarazkhan Sarvarkhan Pathan – Appellant
Versus
Union Of India – Respondent
ORDER :
ANIRUDDHA P. MAYEE, J.
1. By the present writ petition, the petitioner has prayed for direction to renew the passport of the petitioner for a period of 10 years.
2. Learned advocate for the petitioner submits that an FIR being CR No.11191048212204 of 2021 came to be lodged with the Sarkhej Police Station, Ahmedabad for the offences punishable under Sections 3 , 4(1)(2)(3), 5(g)(gh), 5(ch) of the Gujarat Land Grabbing (Prohibition) Act, 2020. Further, another FIR being CR No. 11191028221022 of 2023 came to be lodged with the Vejalpur Police Station, Ahmedabad for the offences punishable under Sections 3 23, 294(B), 506(2), 427, 114 of the Indian Penal Code, Section 135 (1) of the Gujarat Police Act, which culminated into Criminal Case No.4924 of 2023 and is pending. He submits that the petitioner has been granted bail. He submits that due to pendency of criminal case, the respondent passport authority has required court’s permission for renewing the passport of the petitioner.
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 su
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....
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 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 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 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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