IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2050 of 2026 ==========================================================

HARPALSINH KRISHNASINH JADEJA Versus UNION OF INDIA & ANR.

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Appearance:

DR.ABHISST K THAKER(7010) 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 : 19/02/2026

ORAL ORDER

1. Rule returnable forthwith. Mr. Pradip D. Bhate, learned advocate waives service of rule for the respondents.

2. By the present writ petition, the petitioner has prayed for direction to the respondent No.2 to issue fresh passport to the petitioner for a period of 10 years.

3. Learned advocate for the petitioner submits that an FIR being No. CR-I No. 11211031240050 of 2024 came to be lodged with the Limbdi Police Station, Surendranagar on 14.02.2024 for the offences punishable under Sections 498(a), 504, 323, 506(2) and 114 of the Indian Penal Code. He submits that pursuant to initiation of the abovesaid FIR, the petitioner has been released on bail by the Lower Court on

02.03.2024. Thereafter, the petitioner has approached this Court challenging the said FIR by way of Special Criminal Application No. 2935 of 2024, wherein this Court was pleased to issue notice vide order dated 04.03.2024 and the matter is pending adjudication.

4. 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.

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

6. At the outset, it is not in dispute that FIR being CR-I No. 11211031240050 of 2024 came to be lodged with the Limbdi Police Station, Surendranagar on 14.02.2024 for the offences punishable under Sections 498(a), 504, 323, 506(2) and 114 of the Indian Penal Code. Pursuant to initiation of the above- said FIR, the petitioner has been released on bail by the Lower Court on 02.03.2024. Thereafter, the petitioner has approached this Court challenging the said FIR by way of Special Criminal Application No. 2935 of 2024, wherein this Court was pleased to issue notice vide order dated

04.03.2024 and the matter is pending adjudication.

7. 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 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 specify the period validity of the passport, the passport shall be issued for one year; or (iv)if such order gives permission to travel abroad for a p