Modification of Order dtd.

undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 13943 of 2025 [On note for speaking to minutes of order dated 02/12/2025 in R/SCR.A/13943/2025 ]

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PRIYANK RAMESHBHAI GIDWANI Versus STATE OF GUJARAT & ORS.

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Appearance:

AADITYA D BHATT(8580) for the Applicant(s) No. 1 CHANDNI S JOSHI(9490) for the Applicant(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 2,3 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 12/12/2025

ORAL ORDER

In the order dated 02.12.2025 in Paragraph - 7 the word "Renewal" shall be replaced with "Release".

The note for speaking to minutes stands disposed of.

(M. R. MENGDEY,J)

SAKSHI MAURYA/DB/2 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 13943 of 2025 ==========================================================

PRIYANK RAMESHBHAI GIDWANI Versus STATE OF GUJARAT & ORS.

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Appearance:

AADITYA D BHATT(8580) for the Applicant(s) No. 1 CHANDNI S JOSHI(9490) for the Applicant(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 2,3 NOTICE SERVED BY DS for the Respondent(s) No. 2,3 MS. VRUNDA SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 02/12/2025

ORAL ORDER

1. Rule. Learned APP and learned advocate Mr. Bhate waive service of notice of rule for and on behalf of the respondent no.1 and respondent nos.2 and 3, respectively.

2. By way of filing the present petition the petitioner is seeking following prayers:-

“8(A)Issue a writ of mandamus or any other appropriate writ, order or direction commanding and directing the respondents to immediately release and return the petitioner’s passport bearing No.C2052247 to the petitioner for its full validity period of 10 years.

(B) Pending the admission, hearing and final disposal of this petition, direct the respondents by way of interim order to immediately release and return the said passport being No.C2052247 to the petitioner subject to such conditions as this Hon’ble Court may deem F.I.R. and proper.”

3. Learned advocate for the petitioner submitted that the passport of the petitioner bearing No.C2052247 had been surrendered by the petitioner with the Passport Authority as the petitioner was asked to do so. However, thereafter, the petitioner had submitted an application to the concerned Court below fo release of passport and the concerned Court below vide order dated 24.09.2025 had directed the Passport Authority to renew the passport of the petitioner bearing No.C2052247 for period of 10 years. However, despite the said direction being issued by the Competent Court to the Passport Authority, no action has been taken for renewal of the passport of the petitioner. Learned advocate appearing for the petitioner therefore submitted to allow the present application.

4. Learned advocate appearing for the Passport Authority has submitted that as per the Circular of the year 1993, the passport authority has powers to renew the passport for a period of one year where the applicant is facing criminal charge. However, if the concerned Court directs the Passport Authority to consider the case of the applicant for renewal of passport for 10 years, then the Passport Authority may consider the case. He has, therefore, submitted to pass an appropriate order in the present application.

5. heard learned advocates for the respective parties.

6. As per the order dated 24.09.2025 passed by learned 30^th Addl. Chief Judicial Magistrate, Ahmedabad, it clearly appears that the Court below has no objection as regards to renewal of passport for 10 year