C/SCA/2214/2026 JUDGMENT DATED: 02/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2214 of 2026 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== KAMLESHKUMAR RAMANLAL TRIVEDI Versus UNION OF INDIA & ORS. ========================================================== Appearance: MR VIKRAM J THAKOR(2221) for the Petitioner(s) No. 1 MR. JIGESH D. THAKOR(18726) for the Petitioner(s) No. 1 MS NIRALI SARDA AGP for the Respondent(s) No. 3 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2 NOTICE SERVED BY DS for the Respondent(s) No. 4 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 02/04/2026 JUDGMENT 1. RULE returnable forthwith. Mr. Pradip Bhate, learned counsel for respondent nos. 1 and 2 waives service of notice of rule on behalf of respondent nos. 1 and 2 and Ms. Nirali Sarda, learned AGP for the respondent no.3 waives service of notice of rule on behalf of the respondent no.3. With the consent of the learned counsel for the respective parties, the present petition is taken up for final hearing today. 2. Present petition is filed by the petitioner under Articles 14, C/SCA/2214/2026 JUDGMENT DATED: 02/04/2026 19, 21 and 226 of the Constitution of India read with the provisions of The Passports Act, 1967 and the Rules framed thereunder seeking following reliefs: “(A) Your Lordships maybe pleased to admit and allow this petition. (B) Your Lordships may be pleased to issue a writ of certiorari or writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned communication/decision dated 30.06.2025 issued by the respondent nos. 1 and 2 and be pleased to direct the all the respondents to issue Police Clearance Certificate (PCC) to the petitioner for the purpose of processing long term Visa (Immigration Visa) application before the USA Immigration Authority and be pleased to direct the respondent authorities to issue appropriate required certificate. (C) Pending hearing and till final disposal of this petition, by way of interim relief, Your Lordships may be pleased to direct the respondent authorities to issue Police Clearance Certificate (PCC) since the time limit granted by USA Immigration Authority is expiring on 10.05.2026 (D) Any other relief deemed just and proper may please be granted in the interest of justice.” 3. Brief facts giving rise to the present petition are that, the an FIR being No. 11201001200006 was registered at CID Crime Branch Gandhinagar Zone Police Station against the petitioner for offence punishable under sections 406, 420, 465, 467, 468, 471, R/w 114 of Indian Penal Code and sections 32(a), 32(b), 33(2), 35 of Gujarat Homeopathic Act, 1961. Charge sheet has also been filed against the petitioner. That, the petitioner had C/SCA/2214/2026 JUDGMENT DATED: 02/04/2026 applied for anticipatory bail by filing Criminal Miscellaneous Application No. 1300/2022 before Sessions Court, Gandhinagar which was allowed vide order dated 08.10.2022. That, the petitioner had applied for passport and the respondent authority issued the passport with validity of 10 years commencing from 12.04.2019 to 11.04.2029. That, the petitioner's family is settled in USA and therefore, the petitioner applied for release of the passport and permit him to travel abroad four times and the permission was allowed all times and accordingly the petitioner received his passport, visited USA and thereafter deposited the passport every time without there being any breach of condition. That, since the petitioner’s family is settled in the USA, the petitioner filed an immigrant visa petition before the USA Immigration Authority for long term visa. That, the petitioner is required to produce Police Clearance Certificate (PCC) for the purpose of Immigration visa process for which an online application was submitted to respondent no.2 passport authority for granting PCC. That, respondent no.2 passport authority by communication/decision dated 30.06.2025 refused to grant PCC on the ground of pending criminal case against the petitioner. 4. Being aggrieved and dissatisfied with the impugned communication/decision dated 30.06.2025 passed by the respondent authority, the petitioner has preferred the present petition. 5. Heard the learned counsel for the respective parties. C/SCA/2214/2026 JUDGMENT DATED: 02/04/2026 6. Learned counsel Mr. Thakor has submitted that the impugned communication/decision passed by the respondent authority is illegal, unjust, arbitrary, erroneous and contrary to the facts and material on record and the provisions of the Act and therefore, is required to be quashed and set aside. He has submitted that the respondent authority has erred in refusing to issue PCC only on the ground of pendency of the criminal case and that the impugned communication is contrary to the notification No. GSR.570(E) dated 25.08.1993. He has submitted that this Court, the High Court of other states and the Hon’ble Apex Court have time and again interpreted the provisions of Passport Act, 1967 and notifiication dated 25.08.1993 and have held that liberty of citizens cannot be curtailed by not granting PCC only on the ground of pendency of criminal case. Over and above the grounds agitated in the memo of petition, learned counsel Mr. Thakor has urged that the impugned communication/ decision passed by the respondent authority is required to be quashed and set aside and the present petition is required to be allowed. 7. As against that, learned counsel appearing for the respondents, have opposed the present petition and submitted that there is no any infirmity or any illegality in the impugned communication/decision passed by the respondent authority and therefore, no interference is required to be called for in the present petition and therefore, the present petition is required to be dismissed. 8. Considering the aforesaid facts of the case, more C/SCA/2214/2026 JUDGMENT DATED: 02/04/2026 particularly considering the fact that passport was issued to the petitioner with validity of 10 years commencing from 12.04.2019 to 11.04.2029 and that he has visited abroad four times as per the directions issued by the concerned Court and has deposited the passport each time, respondent no.2 – Passport Authority is hereby directed to process the application of the petitioner for issuance of Police Clearance Certificate, which is pending before it as expeditiously as possible as the time limit to pursue Immigrant visa application before the USA Immigration Authority expires on 10.05.2026. 9. In view of the aforesaid direction, the petition stands disposed of. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HEMANT M. PRACHCHHAK,J) ANUSRI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 09/04/2026 17:28:54