IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16379 of 2025 ==========================================================

CHINTAN MAHENDRABHAI PATEL Versus UNION OF INDIA & ANR.

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Appearance:

MR. NILAY A THAKER(7275) for the Petitioner(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 04/12/2025

ORAL ORDER

1. By the present Writ Petition, the petitioner has prayed for direction to renew the passport to the petitioner for a period of 10 years.

2. The learned counsel for the petitioner submits that an FIR being CR No. III-443 of 2019 came to be lodged against the petitioner and others with the Nadiad Town Police Station, Kheda for the offences punishable under Sections 65E, 123(1)(a), 81, 84, 85, 86, 90 and 66(1)(B) of the Prohibition Act. He submits that in connection with the said offence, the petitioner has been enlarged on bail. He submits that since the passport of the petitioner is expiring on 09.12.2025, the petitioner has submitted an application for renewal of the passport dated 15.11.2025.

3. Mr. Pradip D. Bhate, the learned counsel for the respondent passport authority submits that the 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.

4. Heard learned counsels for the parties, perused the documents on record and considered the submissions.

5. At the outset, it is not in dispute that an FIR being CR No. III- 443 of 2019 came to be lodged against the petitioner and others with the Nadiad Town Police Station, Kheda for the offences punishable under Sections 65E, 123(1)(a), 81, 84, 85, 86, 90 and 66(1)(B) of the Prohibition Act and in connection with the said offence, the petitioner has been enlarged on bail. Further, since the passport of the petitioner is expiring on 09.12.2025, the petitioner has submitted an application for renewal of the passport dated

15.11.2025.

6. 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 supersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offences alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely :-

(a) the passport to be issued to every such citizen shall be issued-

(i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued or a period one year.

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for period of travel abroad specified in the order.

(b) any passport issued in terms of (a) (ii) and (a) (iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for