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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1245 OF 2022

[@ SPECIAL LEAVE PETITION (CRL.) NO. 6475 OF 2022]

PATEL ASHOKBHAI GIRDHARBHAI Appellant (s)

VERSUS

THE STATE OF GUJARAT & ANR. Respondent(s)

O R D E R

Leave granted.

The challenge in the present appeal is to an

order passed by the High Court of Gujarat on

24.06.2022, whereby an application filed by the

appellant for renewal of the Passport in a pending

appeal against his conviction was not granted inter-

alia for the reason that the appellant had to file an

appropriate application under Article 226 of the

Constitution of India or under Section 482 of the

Code of Criminal Procedure, 1973 and that the

interlocutory application is not the appropriate

remedy.

The appellant stands convicted for an offence

under Section 306 read with Section 120 B IPC and has

been sentenced to undergo simple imprisonment for

three years, vide order dated 16.08.2016. An appeal

against such conviction is pending before the High

Court, wherein on 31.07.2021, an order was passed for

deleting the conditions of ‘surrender of passport and

shall not leave the country without prior permission

of the Court’.

Digitally signed by

Indu Marwah

Date: 2022.08.17

14:04:42 IST

Reason:

Signature Not Verified

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The appellant sought intervention of the High

Court in a pending appeal against his conviction

seeking a direction to renew his Passport.

Technically speaking, such permission may not be

required, but having applied once, there was no

reason for the High Court to deny such relief since

the appropriate remedy for the appellant was to file

a writ petition under Article 226 of the Constitution

of India or by way of a Misc. Petition under Section

482 Cr.P.C. Both these remedies are to be exercised

by the High Court. Therefore, irrespective of the

nomenclature of the application, the jurisdiction was

of the High Court and the High Court should have

exercised jurisdiction so vested, to grant the relief

claimed.

In view of the said fact, the order passed by the

High Court is set aside. The appeal is allowed.

It shall be open to the appellant to apply for

renewal of the Passport, which shall be considered by

the appropriate authority in accordance with law.

Pending interlocutory application(s), if any,

is/are disposed of.

.......................J.

[ HEMANT GUPTA ]

.......................J.

[ VIKRAM NATH ]

New Delhi;

AUGUST 12, 2022.

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ITEM NO.33 COURT NO.8 SECTION II-B

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 6475/2022

(Arising out of impugned final judgment and order dated 24-06-2022

in Criminal Misc. Application (Direction) No. 01/2022 in R/Criminal

Appeal No. 1283 of 2016 passed by the High Court Of Gujarat At

Ahmedabad)

PATEL ASHOKBHAI GIRDHARBHAI Petitioner(s)

VERSUS

THE STATE OF GUJARAT & ANR. Respondent(s)

(IA No. 96267/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT)

Date : 12-08-2022 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA

HON'BLE MR. JUSTICE VIKRAM NATH

For Petitioner(s)

Mr. Malak Manish Bhatt, AOR

Mr. Udbhav Nanda, Adv.

For Respondent(s)

Mr. Kanu Agarwal, Adv.

Ms. Deepanwita Priyanka, AOR

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed order.

Pending interlocutory application(s), if any, is/are disposed

of.

(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)

ASST. REGISTRAR-CUM-PS