R/SCR.A/11764/2025 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11764 of 2025 ========================================================== SHEHJAD ABDULRAHEMAN KUSHKIWALA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HIMANISH J JAPEE(11295) for the Applicant(s) No. 1 MR SHIVRAJ H SHAH(18851) for the Respondent(s) No. 2 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/09/2025 ORAL ORDER By way of present petition under Article 226/227 of the Constitution of India read with Section 528 of the BNSS, the petitioner has sought for the following reliefs: “YOUR LORDSHIPS be pleased to quash and set aside the orders passed by the Ld. Sessions Judge, Modasa vide CR.RA No.100/2025 dated 10.07.2025 at Annexure-J and the order passed below Ex.48 by the Court of Ld. Chief Judicial Magistrate, Modasa in CC No.2189/2022 dt. 23.06.2025 at Annexure-H and be pleased to direct the Ld. Courts to urgenty issue NOC for re-issuance of passport of the petitioner;” Perusing the record it appears that matter being Criminal Case No.2189/2022 is filed in the year 2022 and thereafter as the petitioner was not remaining present before the learned trial Court, Non Bailable Warrant came to be issued against the petitioner and trial of the criminal case has been prolonged time and again due to non-appearance of the petitioner and therefore, considering the absence of petitioner the learned Sessions Court has observed that matter has become deadwood and considering R/SCR.A/11764/2025 ORDER DATED: 26/09/2025 the nature of dispute, learned Courts below have denied to issue the passport of the petitioner. It is true that to travel abroad and seek permission to get the passport for renewal / re-issuance are altogether different aspects. The passport is a travel document and merely requesting for permission to get the passport does not mean that the Court has given permission to travel abroad and even mere pendency of criminal case is not a ground to refuse renewal / re-issuance of passport. 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 concerned Court is directed to release the passport of the petitioner for renewal purpose. The passport of the petitioner be released on condition that, the petitioner shall deposit an amount of Rs.50,000/- (Rupees Fifty Thousand Only) and shall re-surrender his passport R/SCR.A/11764/2025 ORDER DATED: 26/09/2025 before the concerned trial Court after its renewal, within a period of one week thereafter. 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 TEN 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 and it is clarified that permission for renewal of passport does not amount to permission to leave the country or travel abroad. If the petitioner wants to travel abroad then he shall seek permission from the concerned Court. With aforesaid direction, present petition is disposed of 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 26/09/2025 15:22:01