Zalak Pravinbhai Kapopara vs State Of Gujarat on 30 January, 2023

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Gujarat High Court

Zalak Pravinbhai Kapopara vs State Of Gujarat on 30 January, 2023

Bench: Biren Vaishnav

     C/SCA/18845/2022                            ORDER DATED: 30/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 18845 of 2022

                               With
 CIVIL APPLICATION (FOR FIXING DATE OF HEARING) NO. 1 of 2022
         In R/SPECIAL CIVIL APPLICATION NO. 18845 of 2022
==========================================================
                        ZALAK PRAVINBHAI KAPOPARA
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
MR RUTVIK MODI for the Petitioner(s) No. 1
MR JAY TRIVEDI, ASST GOVERNMENT PLEADER for the Respondent(s)
No. 1
MR KSHITIJ AMIN for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 30/01/2023

                               ORAL ORDER

1. Rule returnable forthwith. Mr. Jay Trivedi, learned AGP and Mr. Kshitij Amin, learned Standing Counsel waives service of notice of rule on behalf of respondents no. 1 & 2 respectively.

2. Heard learned advocates for the parties.

3. By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for a Page 1 of 5 Downloaded on : Tue Jan 31 20:47:57 IST 2023 C/SCA/18845/2022 ORDER DATED: 30/01/2023 direction to the respondent no. 2 to release the passport of the petitioner.

4. Mr. Rutvik Modi, learned advocate appearing for the petitioner would submit that the petitioner holds an Indian Passport bearing no. V9789087. It is the case of the petitioner that he has applied for Visa renewal but due to adverse inputs received from the police department against the present petitioner, more particularly, in view of FIR registered with Vastrapur Police Station under Sections 324, 427, 114, 506(2) and 294(KH) of IPC and Section 135(1) of G.P. Act on 09.04.2017, the same is not being done. The petitioner had been asked to surrender his passport with the authority which he did. The said FIR has culminated into a criminal case which is pending before the competent court below. He submits that the petition be allowed and the petitioner may be given his passport back.

5. Mr. Kshitij Amin, learned Standing Counsel Page 2 of 5 Downloaded on : Tue Jan 31 20:47:57 IST 2023 C/SCA/18845/2022 ORDER DATED: 30/01/2023 appearing for the respondent authorities has drawn the attention of the court to the notification dated 25.08.1993 issued by the Ministry of External Affairs in this regard. The same reads as under:

"In exercise of the process conferred by clause

(a) of Section 22 of the Passport Act, 1967 (15 of 1967) and in supersession of the Notification of the Government of India in the Ministry of External Affairs No. G.S.R 298 (E) dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:-

(a) the passport to be issued to every such citizen shall be issued --

(i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or Page 3 of 5 Downloaded on : Tue Jan 31 20:47:57 IST 2023 C/SCA/18845/2022 ORDER DATED: 30/01/2023

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.

(b) any passport issued in terms of (a)(ii) and

(a) (iii) above can be further renewal for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that in the meantime the order of the court is not cancelled or modified;

(c) any passport issued in terms of (a) (i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period of travel abroad;

(d) the said citizen shall give an undertaking in writing to the passport issuisng authority that he shall, if required by the court concerned, appear before it at any time during the continuance to force of the passport so issued."

Page 4 of 5 Downloaded on : Tue Jan 31 20:47:57 IST 2023

C/SCA/18845/2022 ORDER DATED: 30/01/2023

6. In view of the above, considering the averments made in the petition and the arguments of learned advocates for both the parties, the Regional Passport Officer is directed to process the application when filed by the petitioner herein for a passport and issue the passport with a validity period of five years, in terms of the notification referred to above. This exercise shall be completed within a period of four weeks from the date of receipt of the writ of this order.

7. Petition is accordingly allowed. Rule is made absolute accordingly. Civil Application is disposed of.

(BIREN VAISHNAV, J) DIVYA Page 5 of 5 Downloaded on : Tue Jan 31 20:47:57 IST 2023

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