IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1925 of 2026 ==========================================================

GAURAV JAYKUMAR KAUSHIK Versus REGIONAL PASSPORT OFFICE, AHMEDABAD ==========================================================

Appearance:

MR KURVEN K DESAI(7786) for the Petitioner(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 16/02/2026

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. Learned advocate for the petitioner submits that an FIR being No.266 of 2011 came to be lodged with the DCB Crime Police Station for the offences punishable under Sections 447, 201, 120B and 34 of the Indian Penal Code, which came to be culminated into Criminal Case No.21 of 2014. He submits that thereafter the petitioner preferred an application for bail before the learned Trial Court, which came to be allowed on 02.04.2013 enlarging the petitioner on regular bail. The said criminal case is pending adjudication. Further, the petitioner has submitted an application being Application No.26-0049487442 for renewal of passport, however, the respondent authority has raised certain objection citing pending criminal case on 30.01.2026, to which, the petitioner submitted a clarification on 05.02.2026. However, on 05.02.2026, the respondent authority has further raised an objection and directed the petitioner to furnish the court’ s permission.

3. Mr. Pradip D. Bhate, learned advocate for the respondent 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 05.02.2026 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 FIR being No.266 of 2011 came to be lodged with the DCB Crime Police Station for the offences punishable under Sections 447, 201, 120B and 34 of the Indian Penal Code, which came to be culminated into Criminal Case No.21 of 2014. Thereafter, the petitioner preferred an application for bail before the learned Trial Court, which came to be allowed on 02.04.2013 enlarging the petitioner on regular bail. The said criminal case is pending adjudication. It is also not disputed that the petitioner has submitted application being Application No.26- 0049487442 for renewal of passport, however, the respondent authority has raised certain objection citing pending criminal case on 30.01.2026, to which, the petitioner submitted a clarification on 05.02.2026. Again, on 05.02.2026, the respondent authority has raised an objection and directed the petitioner to furnish the court’ s permission.

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 b