IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1771 of 2026 ================================================================

YASH KISHORBHAI AGRAWAL Versus REGIONAL PASSPORT OFFICE,AHMEDABAD ================================================================

Appearance:

MR. RAAJEN D JADHAV(10026) 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 : 17/02/2026

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 FIR being C.R.No.I-280 of 2017 came to be lodged with the Krushnanagar Police Station, Ahmedabad for the offences punishable under Sections 354, 354(D) and 114 of the Indian Penal Code and under Sections 11, 12, 16 and 17 of the POCSO Act. He submits that thereafter the petitioner has preferred Criminal Misc. Application No.28539 of 2017 in this Court and vide order dated 22.11.2017, this Court had granted stay in favour of the petitioner in respect of the said FIR pending the proceedings. He submits that the petitioner is desirous of travelling abroad. Further, the petitioner has submitted application dated 17.11.2025 for issuance of passport, however, the respondent No.2 has recorded a remark on the petitioner’s online application that an order from the competent court is required for issuance of the fresh passport.

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 05.07.2023 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 the FIR being C.R.No.I- 280 of 2017 came to be lodged with the Krushnanagar Police Station, Ahmedabad for the offences punishable under Sections 354, 354(D) and 114 of the Indian Penal Code and under Sections 11, 12, 16 and 17 of the POCSO Act. Thereafter the petitioner has preferred Criminal Misc. Application No.28539 of 2017 in this Court and vide order dated 22.11.2017, this Court has granted stay in favour of the petitioner in respect of the said FIR pending the proceedings.

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 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 speci