KAMLESHKUMAR RAMANLAL TRIVEDIversusUNION OF INDIA

     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,


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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


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     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.




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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

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    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




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