Gujarat High Court
Vireshkumar Hargovandas Patel vs The Regional Passport Officer on 2 February, 2021
Bench: Vipul M. Pancholi
C/SCA/5947/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5947 of 2020
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VIRESHKUMAR HARGOVANDAS PATEL
Versus
THE REGIONAL PASSPORT OFFICER
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Appearance:
MR ARPIT P PATEL(5497) for the Petitioner(s) No. 1
MR KSHITIJ M AMIN (7572), CENTRAL GOVERNMENT STANDING
COUNSEL for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 02/02/2021
ORAL ORDER
1. The present petition is filed under Article 226
of the Constitution of India with a prayer to direct
the respondent - Regional Passport Officer to
reconsider application No.AH2072149873418 for
reissuance of the passport to the petitioner.
2. Heard learned advocate Mr.Arpit P. Patel for
the petitioner and learned Central Government
Standing Counsel Mr.Kshitij Amin for the respondent.
3. Learned advocate for the petitioner has referred
the averments made in this petition and, thereafter,
submitted that one FIR was lodged against the
petitioner in the year 2007. However, after a
conclusion of trial, the petitioner has been
acquitted by the competent Criminal Court vide
judgment and order dated 26.07.2012. Against the said
order of acquittal, the State of Gujarat has
C/SCA/5947/2020 ORDER
preferred an acquittal appeal being Criminal Appeal
No.1667 of 2012 before this Court. The said acquittal
appeal is still pending for final hearing. It is
submitted that the petitioner submitted an
application for reissuance of passport on 22.03.2018
along with the requisite details and fees. It is
submitted that the said application was not
considered by the respondent on the ground that
acquittal appeal filed by the State of Gujarat is
pending before this Court. At this stage, learned
advocate for the petitioner has placed reliance upon
order dated 19.01.2017 passed by this Court in
Special Criminal Application No.418 of 2017 as well
as the order dated 20.02.2019 passed in Special Civil
Application No.20709 of 2018. After referring to the
same, it is submitted that in the order dated
19.01.2017, this Court has considered the
Notification dated 25.08.1993 issued by the Ministry
of External Affairs. It is submitted after
considering the said Notification, this Court
directed the respondent authority to issue the
passport to the concerned petitioner for a period of
5 years. It is submitted that relying upon the said
order, this Court has also considered the case of the
concerned petitioner in Special Civil Application
No.20709 of 2018 and similar direction was issued to
the respondent authority.
3.1 Learned advocate for the petitioner has,
therefore, urged that appropriate direction be issued
to the respondent to reissue the passport of the
C/SCA/5947/2020 ORDER
petitioner for a particular period.
4. On the other hand, learned Central Government
Standing Counsel appearing for the respondent
submitted that as the Criminal Appeal filed by the
State of Gujarat is pending against the order of
acquittal passed by the concerned trial Court in the
case of the petitioner, the respondent authority has
not issued the passport to the petitioner. He has
also referred the Notification dated 25.08.1993
issued by the concerned ministry. He is not in a
position to dispute the fact that in similar type of
cases, this Court has passed the order directing the
respondent authority to issue the passport for a
particular period to the concerned persons.
5. Having heard learned advocates appearing for the
parties and having gone through the material placed
on record and after considering the Notification
dated 25.08.1993 which is referred in the order dated
19.01.2017 passed in Special Criminal Application
No.418 of 2017, the case of the petitioner is
required to be considered.
6. Accordingly, the petition stands disposed of
with a direction to the respondent authority to
consider the case of the petitioner for issuance of
passport. The respondent authority is directed to
process the application and, thereafter, issue the
passport for a validity period of five years in terms
of the Notification dated 25.08.1993. The respondent
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shall complete the exercise within a period of four
weeks from the date of receipt of this order.
Direct Service is permitted.
(VIPUL M. PANCHOLI, J)
piyush
