IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 1808 of 2026 ================================================================

HITESHBHAI ASHWINBHAI MITTAL Versus REGIONAL PASSPORT OFFICER ================================================================

Appearance:

MR. DHRUVALSINH B RAVALJI(14419) 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 : 23/02/2026

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 I-C.R.No.196 of 2018 came to be lodged with the Vastrapur Police Station, Ahmedabad City for the offences punishable under Sections 285, 308, 201 and 114 of the Indian Penal Code. He submits that thereafter the petitioner has preferred Criminal Misc. Application No.19810 of 2018 in this Court and vide order dated 15.04.2019, this Court has been pleased to grant anticipatory bail to the petitioner respect of the said FIR. The FIR culminated into Sessions Case No.116 of 2022 and the same is pending adjudication before the learned District and Sessions Court, Ahmedabad (Rural). He submits that the petitioner is desirous of travelling abroad. Further, the petitioner has submitted application dated 02.02.2026 for issuance of passport.

3. Learned counsel for the petitioner submitted an affidavit filed by the petitioner herein and has submitted that the petitioner has filed Criminal Misc. Application No.170 of 2026 before the learned 4^th Additional Sessions Judge, Ahmedabad (Rural), whereby vide order dated 29.01.2026, the court has ordered to release the passport of the petitioner for the purpose of renewal and has also directed the petitioner to deposit Rs.1,50,000/- as security deposit subject to conditions mentioned therien. The said affidavit is taken on record.

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. 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.

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 the FIR being I- C.R.No.196 of 2018 came to be lodged with the Vastrapur Police Station, Ahmedabad City for the offences punishable under Sections 285, 308, 201 and 114 of the Indian Penal Code. Thereafter the petitioner has preferred Criminal Misc. Application No.19810 of 2018 in this Court and vide order dated 15.04.2019, this Court has been pleased to grant anticipatory bail to the petitioner respect of the said FIR. The FIR culminated into Sessions Case No.116 of 2022 and the same is pending adjudication before the learned District and Sessions Court, Ahmedabad (Rural). Further, the petitioner has preferred Criminal Misc. Application No.170 of 2026 before the learned 4^th Additional Sessions Judge, Ahmedabad (Rural) for renewal of his passport, which was allowed.

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 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 the