R/SCR.A/10013/2025 ORDER DATED: 21/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 10013 of 2025 ========================================================== SAURABHBHAI BABUBHAI DESAI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MANISH J PATEL(2131) for the Applicant(s) No. 1 MS MANUSHI M PATEL(16278) for the Applicant(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/07/2025 ORAL ORDER At the outset, learned advocate appearing for the petitioner does not press the present petition qua prayer No.6(C) and hence, present petition stands disposed of qua prayer No.6(C) as not pressed. 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.N-4708462. Perusing the record it appears that offence being I-CR No.399/2007 was registered against the petitioner with Ellisbridge Police Station which has culminated into Criminal Case No.2206424/2007 and in connection with the said offence, his passport was deposited and therefore, the petitioner filed an application before the learned trial Court for withdrawal of his passport for renewal purpose which application was partly allowed vide order dated 19.05.2024 and petitioner was permitted to withdraw his passport however, the renewal has been denied by the respondent No.2 on the ground that petitioner is having one criminal case pending against him and even in view of the fact that six months validity of passport is R/SCR.A/10013/2025 ORDER DATED: 21/07/2025 mandatory for visiting any international country, petitioner cannot travel due to the said fact 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 External Affairs, the passport is required to be renewed for a period of 10 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 partly allowed in terms of prayer 6(B). Accordingly, the respondent No.2 is directed to renew the passport being N-4708462 of the petitioner for a period of 10 years, 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. It is made clear that as and when the petitioner wants to go abroad, he shall seek permission from the concerned trial Court. With aforesaid direction, present petition is partly allowed in terms of para 6(B) and disposed of as not pressed qua para 6(C). 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 21/07/2025 17:33:03