KELAN PRAVINCHANDRA VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order dtd. 3/1/2023 passed below application preferred by the petitioner seeking renewal of Passport in Criminal Case No.661 of 2006, which is pending before the trial Court concerned.

(2.) The facts in brief are that the petitioner herein is an accused in Criminal Case NO.661 of 2006 pending before the Metropolitan Magistrate, Court No.5, Ahmedabad. He is holding Passport, which was having validity from 29/1/2018 to 28/1/2023. Therefore, he filed an application before the trial Court seeking directions for renewal of the Passport for a period of 10 years. By way of impugned order dtd. 3/1/2023, the trial Court partly allowed the application by directing renewal of Passport for a period of three years on certain terms and conditions. Being aggrieved by the said order, the present petition has been preferred.

(3.) Learned advocate Mr. Sejpal for the petitioner submitted that earlier the petitioner had preferred a similar application before the trial Court concerned, which was allowed and the Passport of the petitioner was renewed for five years on certain terms and conditions. The petitioner had never committed breach of any of the terms and conditions imposed by the trial Court. It was submitted that some of the family members / relatives of the petitioner are residing in foreign country and therefore, the petitioner has to undertake foreign travel on regular basis. There was no justification on the part of the trial Court to renew the Passport for a short period of three years only. It was, accordingly, urged to quash / modify the impugned order by directing renewal of the Passport for a period of more than three years.