IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1769 of 2026 ==========================================================

ADAMBHAI NASIRBHAI CHAUDHARY Versus STATE OF GUJARAT & ANR.

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Appearance:

MR ADIT V PANCHOLI(14657) for the Petitioner(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 13/02/2026

ORAL ORDER

1. Heard the learned counsels for the parties.

2. It is submitted that the petitioner is a holder of Indian Passport No. K7586589, whose passport expired on 06.03.2023. Two FIRs are pending against the petitioner: FIR C.R. No. 1-80 of 2018 dated 27.07.2018 registered at Palanpur (West) Police Station for offences under Sections 465, 467, 468, 471, 474, 477 and 114 of the IPC, which has culminated into Criminal Case No. 5181 of 2019 pending before the Learned Second Chief Judicial Magistrate, Banaskantha, wherein proceedings are effectively stayed against accused No. 2 due to orders passed by this Court and pending petitions. And FIR C.R. No. 1-161 of 2018 dated 23.12.2018 registered at Palanpur Taluka Police Station for offences under Sections 394, 323, 294(b) and 506 of the IPC, which has culminated into Sessions Case No. 05 of 2020 pending before the Learned Additional District Judge, Palanpur. In the first FIR, anticipatory bail was granted by this Court on 30.08.2018, pursuant to which the petitioner deposited his passport with the Nazir of the Learned Chief Judicial Magistrate, Palanpur, and in the second FIR, anticipatory bail was granted on 01.01.2019 with intimation that the passport was already deposited. By order dated 05.01.2026, this Court granted temporary release of the petitioner’s passport for six months upon deposit of security of Rs.1,00,000/-. Thereafter, the petitioner obtained the passport and submitted an online application bearing ARN No. 26-0049329690 on 27.01.2026 for renewal at the Passport Seva Kendra, Palanpur and appeared with documents relating to both FIRs. The petitioner was informed by the Passport Seva authorities that, due to pendency of two criminal cases, he must approach the Passport Office, Ahmedabad and that renewal would not be processed without an order of the concerned court. An appointment at the Passport Seva Kendra, Ahmedabad has been scheduled on 20.02.2026, and the petitioner has approached this Court apprehending non- processing of his renewal application and in view that if the renewal is not processed within three years from the date of expiry, he will be compelled to apply for a fresh passport. He submits that in view of above facts, the petitioner’s passport may be directed to be renewed for a period of ten years.

3. Mr. Pradip D. Bhate, the learned counsel appearing for the respondent Passport Authority submits that the case of the petitioner will be governed by the notification/circular dated

25.08.1993 and the application would be decided accordingly.

4. Considered the submissions made on behalf of the learned counsels for the parties.

5. In this behalf, it is pertinent to take note of the notification/circular dated 25.8.1993 issued by the Ministry of External Affairs, providing that in the interest of public at large, the citizens, be exempted, against whom the proceedings in respect of an offence alleged to have been committed by them are pending before the Criminal Court. The relevant extracts of the notification dated 25.8.1993, read as under:

"In exercise of the process conferred by clause (a) of Section 22 of the Passport 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 offence a