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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P.MAYEE
Dhaval Sureshbhai Makwana – Appellant
Versus
State Of Gujarat – 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.
2. Learned advocate for the petitioner submits that an FIR being No. 11204045220078 of 2022 came to be lodged with the Nadiad Rural Police Station, for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code. He submits that Investigating Officer, after investigation, filed a B-Summary report before the Magistrate Court, as no offence was made out, which came to be accepted by the order dated 09.11.2022. The said order came to be challenged before the District & Sessions Court by way of Criminal Revision Application No. 12 of 2023, which came to be allowed. Thereafter the co-accused has preferred Special Criminal Application No. 15897 of 2023 in this Court, wherein notice has been issued and the matter is pending for further adjudication. Learned advocate further submits that the petitioner is desirous of travelling abroad.
3. Mr. Pradip D. Bhate, learned advocate for the respondent submits that the petitioner has not made any application for issuing passport. He also submits that the citizens who are facing
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).
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 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.
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....
Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court.
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