Allowed

Shahezada Hanifbhai Patel v. Regional Passport Officer

Gujarat HC22 Jun 2022SCA/3399/2022

Case brief

AI extract

What is this about?

This writ petition challenged the denial of passport renewal due to pending criminal proceedings. The Court directed the passport authority to process the renewal application for two years by directing them to follow applicable guidelines and an Office Memorandum.

What did the court decide?

Respondent authority directed to process petitioner's passport renewal application for a period of two years and consider the quashing order.

Shahezada Hanifbhai Patel Vs Regional… — Constitutional and Fundamental Rights | Gujarat HC (2022)

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C/SCA/3399/2022 ORDER DATED: 22/06/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3399 of 2022

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SHAHEZADA HANIFBHAI PATEL

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Versus

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REGIONAL PASSPORT OFFICER

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Appearance:

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MR VA MANSURI(2880) for the Petitioner(s) No. 1 KSHITIJ M AMIN(7572) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 22/06/2022 ORAL ORDER

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Rule . Learned advocate Mr.Kshitij Amin waives service of notice of rule for the respondent no.1.

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In the present writ petition, the petitioner is assailing the communication dated 06.01.2022 issued by the respondent authority, whereby it is directed to the petitioner that his renewal application will be processed after proper clarification/explanation is given by him. It appears that the aforesaid clarification is sought with regard to pendency of any criminal case against the present petitioner.

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It is the case of the petitioner that his passport No.J 4525299 is not renewed in view of the pendency of criminal case registered against him as FIR being C.R. No.I-80 of 2019 before the Mahila Police Station, Surat for the offence punishable under Sections 498A, 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Act.

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Learned advocate Mr.Mansuri appearing for the petitioner has submitted that the petitioner has filed quashing petition being Criminal Misc. Application No.16437 of 2019, wherein this Court vide order dated 28.08.2019 has granted interim protection to him. He has submitted that the petitioner had also produced the aforesaid order before the authority, however, the renewal of the passport is denied. Thus, he has submitted that appropriate orders may be passed.

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Page 1 of 2

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C/SCA/3399/2022 ORDER DATED: 22/06/2022

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Learned advocate Mr.Amin appearing for the respondent authority has very fairly pointed out that the case of the petitioner would cover by the order dated 19.01.2017 passed in Special Criminal Application (Direction) No.418 of 2017 and as per the Office Memorandum dated 10.10.2019, wherein the notification of the Ministry of External Affairs dated 25.08.1993 is reproduced and referred. He has submitted that the aforesaid notification deals with the issuance of the passport, wherein the criminal cases are pending in any criminal court in India. He has submitted that the case of the petitioner will fall within the condition issued in paragraph A of the notification dated 25.08.1993.

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Under the circumstances, the respondent authority is directed to process the application of the petitioner filed for renewal under the provisions of the Office Memorandum dated 10.10.2019 read with the notification dated 25.08.1993. The respondent authority is also directed to consider the case of the petitioner for renewal of the passport for a period of two years.

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The present petition is allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted.

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(A. S. SUPEHIA, J)

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ABHISHEK/1

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Shahezada Hanifbhai Patel v. Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Shahezada Hanifbhai Patel v. Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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