BHARATBHAI AMBALAL ISHWARLAL PATEL v. STATE OF GUJARAT
SCR.A/4874/2024 · 2025-07-15
Hasmukh D Suthar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2810 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2810 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
R/SCR.A/4874/2024 ORDER DATED: 15/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 4874 of 2024 ========================================================== BHARATBHAI AMBALAL ISHWARLAL PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS RHEA CHOKSHI(10808) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/07/2025 ORAL ORDER
1. By way of the present petition, the petitioner seeks to invoke the extraordinary inherent powers of this Hon'ble Court under Article 482 of the Constitution of India, seeking a direction to respondent no. 2 Authority for issuance of a passport. 2. Heard learned advocates for the respective parities. 3. It is submitted that the petitioner was implicated in FIR No. I-C.R. 73 of 2017 registered with Unjha Police Station for offences under Sections 272, 273, 406, 419, 420, 461, 471, 482, 483, 486, and 114 of the IPC. Thereafter, the petitioner filed an application for anticipatory bail before this Hon'ble Court, which was allowed vide order dated 07.07.2017 in Criminal Misc. Application No. 16966 of 2017. As per para 8(e) of the said order, the petitioner was directed not to leave India without prior permission of the Court and to deposit his passport before the
R/SCR.A/4874/2024 ORDER DATED: 15/07/2025 learned Trial Court. The petitioner has scrupulously complied with all conditions of the order dated 07.07.2017. However, the petitioner, who conducts business under the name and style of
“Urja Enterprise And Trades” in cumin and fennel, is required to travel abroad to sustain and expand his business. The charge sheet has been filed, and Criminal Case No. 70 of 2017 is pending before the learned JMFC. The petitioner applied for a fresh passport before the Regional Passport Office, Ahmedabad, which was rejected due to the pendency of the criminal case, stating that a passport can only be issued upon production of a court order permitting the same. 4. Having heard the learned advocates for the respective parties and having perused the documents on record, it appears that there is nothing to indicate that the petitioner has flouted the order or any of the conditions imposed at any point of time. Considering the cause ventilated in the present application, respondent no. 2 – Passport Authority is directed to issue a fresh passport to the petitioner. 5.
With the above direction, the petition stands disposed of accordingly. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 15/07/2025 17:58:36