R/SCR.A/4337/2024 ORDER DATED: 09/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 4337 of 2024 ========================================================== HARSHAL BHARATBHAI PARIKH Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HARDIK H DAVE(6295) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/09/2025 ORAL ORDER Though served, respondent No.2 has chosen not to appear before this Court. 1. By way of the present petition under Article 226 of the Constitution of India, the petitioner has requested to issue direction upon the respondent authority – Regional Passport Officer, Ahmedabad to issue the passport of the petitioner with validity of ten years or whichever period this Court deems fit. 2. According to the petitioner, he has applied for issuance of passport as per passport application form. It appears that upon police verification, it was revealed that there are three FIRs filed against the present petitioner i.e. I-CR No.40/2014 registered with DCB Police Station, Ahmedabad City for the offence under Sections 406, 409, 420 and 120(B) of the IPC, which culminated into Criminal Case No.1100212/2015 pending before the learned Additional Metropolitan Magistrate, Ahmedabad; CR No.11191020230209 of 2023 for the offence under Sections 406, 408, 420, 467, 468, 471 and 120(B) of the IPC which culminated into Criminal Case No.68650/2015 pending before the R/SCR.A/4337/2024 ORDER DATED: 09/09/2025 learned Additional Metropolitan Magistrate, Ahmedabad. That, thereafter the petitioner applied for issuance of passport however, the respondent authority has orally instructed to the petitioner to obtain order from this Court and hence, present petition is filed. 3. It is relevant to refer to the Notification issued by the Ministry of External Affairs dated 25.08.1993. The issue raised in this application is governed by the said notification which reads as under:- “G.S.R. 570 (E)- In the power conferred by clause (a) of the Section 22 of the Passport Act, 1967 (15 of 1967) and n suppression of the notification of the government ofIndia in the Ministry of External Affairs No.G.S.R. 298 (E), dated the 14th April, 1976, the central government being of the opinion it is necessary in public interest to do so, hereby exempts citizen of India against whom proceedings in respect an offence alleged to have been committed by them are pending before a criminal court in India and who produced order 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 for 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 give permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) Any passport issued in terms of (a) (ii) and a (iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court, and provided further that, in the meantime, the order of the court is not cancelled or modified. R/SCR.A/4337/2024 ORDER DATED: 09/09/2025 (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of the fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad. (d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.” 4. In view of above, respondent No.2 is directed to issue the passport to the petitioner with a validity period of FIVE YEARS in terms of notification referred to above. Such exercise shall be completed as expeditiously as possible but, not later than two weeks from the date of receipt of this order. However, it is made clear that the petitioner shall seek permission from the learned trial Court, Ahmedabad, where Criminal Case Nos.1100212/2015 and 68650/2015 are pending, if he wants to travel abroad in future. 5. With the above observation and direction, present petition stands disposed of. 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 09/09/2025 18:21:39