R/SCR.A/9805/2025 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 9805 of 2025 ========================================================== MANTHANBHAI MUKESHBHAI SONI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/09/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of Rule for the respondent-State. 2. By way of present petition under Article 226 of the Constitution of India, the petitioner has sought for appropriate writ of mandamus or any other appropriate writ, order or direction commanding the respondent authority to issue regular passport of the present petitioner having validity for a period of 10 years and thereby be pleased to suitably modify the order dated 30.06.2025 passed by the learned 7th Additional Chief Judicial Magistrate, Rajkot. 3. Perusing the record it appears that offence being I-CR No.251/2017 was registered against the petitioner which has culminated into Criminal Case No.10532/2018 and earlier the petitioner was allowed to withdraw his passport for renewal purpose vide order dated 11.03.2024 by the learned JNFC, Rajkot, however, now the same was expired on 13.05.2025. Hence, he has filed the present petition. 4. Having heard the learned advocates for the respective parties and in view of the Notification dated 25.08.1993 issued by the Ministry of External Affairs, the passport is required to be R/SCR.A/9805/2025 ORDER DATED: 26/09/2025 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. 5. 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 reg 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 15(B). Accordingly, the learned trial Court is directed to release the passport being Y1514111 of the petitioner for renewal purpose only, 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. Rest of the conditions shall remain as it is. 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 go abroad, he shall seek permission from the concerned trial Court. 6. With aforesaid direction, present petition is allowed in aforesaid terms. 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 26/09/2025 15:15:23