R/SCR.A/12717/2024 ORDER DATED: 26/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 12717 of 2024 ========================================================== MEHUL DUSHYANTBHAI PATEL Versus UNION OF INDIA & ORS. ========================================================== Appearance: DR. ABHISST K THAKER(7010) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MR ANKIT SHAH(6371) for the Respondent(s) No. 1 MR ROHAN N SHAH, APP for the Respondent(s) No. 3 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/06/2025 ORAL ORDER 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.X9107948 for a period of five years. Perusing the record it appears that offence being I-CR No.263/2013 was registered against the petitioner which has culminated into Criminal Case No.9570/2013 and earlier the petitioner was allowed to withdraw his passport for renewal purpose vide order dated 29.06.2024 passed in CR.MA No.2424/2024 by the learned Additional Chief Metropolitan Magistrate, CBI Court No.1, Ahmedabad however, the same was renewed only for a period of one year and in view of the fact that six months validity of passport is 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 R/SCR.A/12717/2024 ORDER DATED: 26/06/2025 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 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. 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 allowed in terms of prayer 15(B). Accordingly, the learned trial Court is directed to release the passport being X9107948 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. With aforesaid direction, present petition is allowed 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 27/06/2025 11:21:40