IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17191 of 2025 ================================================================

JIVANBHAI KARSANBHAI HADAGADA (BHARWAD)

Versus UNION OF INDIA & ANR.

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Appearance:

D H KANTHARIYA(7505) for the Petitioner(s) No. 1 MR KRUNAL R JUWALIYA(13190) 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 : 18/12/2025

ORAL ORDER

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 offence has been registered against the petitioner, which culminated into Criminal Case No.129/2017, which is pending adjudication before the learned Additional Civil Judge & Judicial Magistrate First Class, Bavla. He submits that at the time of filling up the form for issuance of a fresh passport, the details about the criminal case are clearly mentioned by the petitioner, however, the application of the petitioner for issuance of a new passport has been put on hold by the respondent authorities. He further submits that the petitioner has also made an application for renewal of his passport before the learned Magistrate, Bavla, which has been allowed and by order dated 24.02.2025, and the respondent no.2 has been communicated by the learned Magistrate, Bavla granting permission for renewal of passport of the petitioner. He, therefore, submits that appropriate directions be issued to the respondent authorities.

3. Mr. Pradip D. Bhate, learned advocate for the respondents 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 citizens who are facing criminal proceedings have to produce orders from the Court concerned permitting them to depart from India. He, therefore, submits that the communication dated 05.07.2023 has been issued in accordance with the GSR Notification 570(E) dated

25.08.1993.

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

5. At the outset, it is not in dispute that an offence has been registered against the petitioner, which culminated into Criminal Case No.129/2017 is pending adjudication before the learned Additional Civil Judge & Judicial Magistrate First Class, Bavla. It is not in dispute that the petitioner made an application for renewal of his passport before the learned Magistrate, Bavla, which has been allowed and by order dated 24.02.2025, the Magistrate, Bavla granting permission for renewal of passport of the petitioner.

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 14^th 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