R/SCR.A/13838/2025 ORDER DATED: 04/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 13838 of 2025 ========================================================== MURTUJA AABIDBHAI VASANVALA Versus STATE OF GUJARAT ========================================================== Appearance: MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/11/2025 ORAL ORDER [1.0] By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought for the following relief: “(B) This Hon’ble Court may kindly be pleased to issue a writ of mandamus or a writ of certiorari or a writ in the nature of mandamus or certiorari or any other appropriate writ, order or direction thereby quashing and setting aside the impugned order dated 16.09.2025 passed by the Court of learned Additional Civil Judge and Judicial Magistrate, First Class, Vagra, Bharuch below application .led by the petitioner seeking return of British Passport being No.544442032 issued on 19.01.2017 held by petitioner as surrendered / deposited before the trial Court and for grant of permission to travel abroad for a period of 1 year to United Kingdom as the petitioner is permanent resident of that country and a Non Resident Indian pursuant to bail condition No.4 imposed vide order dated 30.08.2025 passed in Criminal Misc. Application No.151/2025 .led by petitioner for regular bail, which application came to be rejected and consequently, this Hon’ble Court may kindly be pleased to direct the release of passport and grant permission to travel abroad to United Kingdom for a period of 1 year as prayed for in the application by the petitioner in the interest of justice;” [2.0] Learned advocate for the petitioner has submitted that the petitioner is an accused in connection with FIR being CR No.11199056250350 of 2025 registered with Vagra Police Station, R/SCR.A/13838/2025 ORDER DATED: 04/11/2025 District Bharuch for the o<ences under Sections 316(2), 315(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. In connection with the said o<ence, the petitioner came to be enlarged on regular bail vide order dated 30.08.2025 by the learned trial Court in the proceedings of Criminal Misc. Application No.151/2025 subject to condition No.4 to deposit the passport with the learned trial Court. The petitioner Aled a quashing petition being Criminal Misc. Application No.21285/2025 wherein the coordinate Bench has been pleased to stay the trial in connection with the aforesaid FIR vide order dated 14.10.2025. It is the case of the petitioner that petitioner is having a British Passport and his family resides in UK and for that he wants to travel to United Kingdom and therefore, he has Aled the present petition. [3.0] Learned APP has fairly admitted that in quashing petition the proceedings in connection with the FIR being CR No.11199056250350 of 2025 registered with Vagra Police Station, District Bharuch have been stayed and he is not having any objection if present petition is allowed subject to Aling of an undertaking / aDdavit by the petitioner undertaking that he will appear before the learned trial Court as and when required / directed. [4.0] Having heard learned advocates appearing for respective parties and considering the fact that the proceedings in connection with FIR being CR No.11199056250350 of 2025 registered with Vagra Police Station, District Bharuch have already been stayed by the coordinate Bench and the fact that petitioner wants to withdraw his British Passport for a limited period of one year so as to travel to United Kingdom to meet his family and as petitioner is NRI, present petition deserves consideration. R/SCR.A/13838/2025 ORDER DATED: 04/11/2025 [5.0] In the facts and circumstances of the present case and having regard to the cause shown in the memo of petition, present petition is allowed. Learned Additional Civil Judge and JMFC, Vagra, District Bharuch is directed to release the British Passport of the petitioner bearing No.544442032 issued on 19.01.2017 for a limited period of one year subject to following conditions: (i) The petitioner shall deposit an amount of Rs.1,00,000/- (Rupees One Lakh Only) and shall furnish one solvent surety of the like amount with the learned trial Court. The said amount of Rs.1,00,000/- shall be returned to the petitioner on his surrendering the passport with the learned trial Court; (ii) The petitioner shall disclose his residential address, contact details, e-mail address etc. at United Kingdom to the learned trial Court and shall not change any of them without the prior permission of the learned trial Court; (iii) The petitioner shall mark his presence either in person or through virtual mode as and when ordered / directed by the learned trial Court during the said period of one year and shall join the proceedings and shall Ale an undertaking in this regard before the learned trial Court; (iv) The petitioner shall mark presence through learned advocate and shall not dispute any proceeding conducted in his absence 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 04/11/2025 14:29:41