R/SCR.A/3959/2025 ORDER DATED: 08/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 3959 of 2025 ========================================================== CHINTANBHAI HIRENBHAI PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HIREN M MODI(3732) for the Applicant(s) No. 1 MR PRADIP D BHABE, CENTRAL GOVT COUNCIL for the Respondent(s) No. 2 MR BHARGAV PANDYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 08/09/2025 ORAL ORDER By way of present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, the petitioner has sought for appropriate writ of mandamus or any other appropriate writ, order or direction to the respondent No.2 to renew the passport of the petitioner being No.L 2657417. Perusing the record it appears that offence being I-CR No.54/2015 was registered against the petitioner which has culminated into Criminal Case No.943/2015 and earlier the petitioner was allowed to withdraw his passport for renewal purpose vide order dated 16.01.2025 passed in CR.MA No.122 of 2023 by the learned 6th Additional District & Sessions Judge, Ahmedabad (Rural), at Dholka however, when the petitioner approached the Passport Authority for renewal of passport, an objection has been raised that the petitioner shall get an order of this Court for renewal of the passport as criminal case is still pending against him and hence, he has filed the present petition. Having heard the learned advocates for the respective parties and in view of the Notification dated 25.08.1993 issued by the Ministry of R/SCR.A/3959/2025 ORDER DATED: 08/09/2025 External Affairs, the passport is required to be renewed for a period of 5 years and even otherwise mere renewal of passport is not going to prejudice the prosecution and/or is not going to adversely affect any right of either of the parties. This Court has considered the submissions canvassed by learned advocate for the parties and has also perused the material placed on record. In the facts and circumstances of the present case and having regard to the cause shown in the memo of petition and even considering the fact that merely asking permission for release of passport for renewal purpose would not prejudice the case of prosecution, the petition is allowed in terms of prayer 16(a). Accordingly, the respondent No.2 – Passport Authority is directed to renew the passport being L 2657417 of the petitioner, on condition that the petitioner shall deposit an amount of Rs.50,000/- (Rupees Fifty Thousand Only) and shall re-surrender his passport before the concerned trial Court after its renewal. On returning the passport, the trial Court shall release the amount of Rs.50,000/- (Rupees Fifty Thousand Only) to the petitioner, after due verification. The Passport Authorities are directed to renew the Passport of the petitioner for a period of FIVE YEARS. However, it is made clear that as and when the petitioner wants to travel abroad, he shall seek permission from the concerned trial Court. With aforesaid direction, present petition is allowed in aforesaid terms. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/09/2025 18:02:55