RAJESH RAVJIBHAI PATEL vs STATE OF GUJARAT

R/SCR.A/15886/2026 JUDGMENT DATED: 05/11/2026
(GJHC240843462026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15886 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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RAJESH RAVJIBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
JAY J JANI(9303) for the Applicant(s) No. 1
MS SOAHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 05/11/2026

JUDGMENT
1. The present petition has been filed under Articles 226 and 227
read with Articles 14 and 21 of the Constitution of India and Section 528
of the Bharatiya Nagarik Suraksha Sanhita, 2023 for seeking the
following reliefs, as set out in para 8 hereinbelow:-
“(a) This Honourable Court may be pleased to issue an appropriate
writ, order or direction modifying the impugned order dated
16/10/2026 passed by the Ld. Principal Sessions Judge,
Gandhinagar in Criminal Mise. Application No.1707 of 2026,
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R/SCR.A/15886/2026 JUDGMENT DATED: 05/11/2026
(GJHC240843462026)
annexed hereto and marked as ANNEXURE-A, only to the limited
extent whereby the Ld. Court below has restricted the period of
temporary release of passport bearing no.af-342425 and
permission to visit the United States Of America from 01/11/2026 to
31/12/2026, and thereby be pleased to extend the said period up to
31/08/2027, as specifically prayed for by the petitioner herein in the
Criminal Misc. Application No.1707 of 2026 annexed at Annexure-
B, without disturbing the remaining portion of the impugned order,
(b) This Honourable Court may be pleased to quash and set aside
the impugned order dated 16/10/2026 passed by the Ld. Principal
Sessions Judge, Gandhinagar in Criminal Misc. Application
No.1707 of 2026, annexed hereto and marked as ANNEXURE-A,
only to the limited extent whereby the Ld. Court below has
restricted the period of temporary release of passport bearing
no.af-342425 and permission to visit the United States Of America
from 01/11/2026 to 31/12/2026, and thereby be pleased to extend
the said period up to 31/08/2027, as specifically prayed for by the
petitioner herein in the Criminal Misc. Application No.1707 of 2026
annexed at Annexure-B and thereby be pleased to and thereby be
pleased to permit the petitioner herein to redeposit his passport
after completion of the extended period, i.e. after 31/08/2027,
within such time as may be deemed fit and proper by this
Honourable Court;
(c) Pending hearing and final disposal of the present petition, this
Honourable Court may be pleased to extend the period of
temporary release of passport and permission to visit the United
States of America granted vide order dated 16/10/2026 beyond
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R/SCR.A/15886/2026 JUDGMENT DATED: 05/11/2026
(GJHC240843462026)
31/12/2026, and consequently modify the direction requiring
redeposit of the passport on or before 02/01/2027, subject to such
terms and conditions as may be deemed fit and proper by this
Honourable Court;
(d) Grant such other and further relief/s as may be deemed fit and
proper in the interest of justice.”
2. Issue rule returnable forthwith. Learned APP accepts rule on
behalf of respondent no.1 and waives service.
3. Heard learned counsels for the parties.
4. Learned counsel for the petitioner submitted that the petitioner
has preferred an application being CRMA No.1707/2026 for seeking the
permission to travel abroad from 01.11.2026 till 31.08.2027. The said
application came to be allowed partly vide order dated 16.10.2026
passed by the learned Principal Sessions Judge, Gandhinagar. He
submitted that the learned Principal Sessions Judge ought to have
permitted the petitioner to travel abroad with effect from 01.11.2026 till
31.08.2027. He submitted that the proceeding in criminal case being
Criminal Case No.3092/2015 has been stayed by the Coordinate Bench
of this High Court vide order dated 27.12.2016 passed in Criminal Misc.
Application (for quashing and set aside FIR/ORDER) No.10454/2015.
He submitted that the petitioner is participating in the proceeding and
the petitioner shall also participate the proceeding through video
conferencing from the abroad, if the petitioner is permitted to leave India
till 31.08.2027. He submitted that the learned Principal Sessions Judge
ought to have permitted the petitioner to travel abroad till 31.08.2027;
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R/SCR.A/15886/2026 JUDGMENT DATED: 05/11/2026
(GJHC240843462026)
however, the learned Principal Sessions Judge has permitted the
petitioner to travel abroad till 31.12.2026. He submitted that the
impugned order passed by the learned Principal Sessions Judge
deserves to be partly modified.
5. Per contra, learned APP submitted that the application of the
petitioner has already been allowed partly by the learned Principal
Sessions Judge vide order dated 16.10.2026. He further submitted that
the period of leaving India till 31.08.2027 would be too long and the trial
of the case may be adversely affected, therefore, the present petition
deserves to be rejected.
6. Having considered the submissions of the learned counsels for
the parties and having gone through the record, it emerges from the
record that the petitioner has been arraigned as an accused in FIR
being I C.R. No.30/2014 registered with the Info City Police Station,
Gandhinagar for the offences punishable under Sections 406, 420, 465,
467, 468, 471 and 120 (B) of IPC. It also emerges from the record that
the charge sheet in the said case came to be filed and the criminal case
being Criminal Case No.3092/2015 came to be registered, which is
pending before the Court of learned Additional Chief Judicial Magistrate,
Gandhinagar. Perusal of the order dated 27.12.2016 passed by the
Coordinate Bench of this High Court would show that the trial has been
stayed by the Coordinate Bench in Criminal Misc. Application (for
quashing and set aside FIR/ORDER) No.10454/2015. Further, the
learned Principal Sessions Judge, Gandhinagar has observed in the
order dated 16.10.2026 that the petitioner is participating in the
proceeding pending before the learned Trial Court and he has appeared
before the learned Trial Court as and when called.
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R/SCR.A/15886/2026 JUDGMENT DATED: 05/11/2026
(GJHC240843462026)
7. Considering the medical records placed on record, which
indicates that the petitioner is a cardiac patient and he has to visit U.S.
for his medical treatment. Thus, having regard to the totality of the facts
and circumstances, the present petition deserves to be allowed. Hence
accordingly, the petitioner is permitted to travel abroad with effect from
07.11.2026 till 31.08.2027 and after returning from the abroad, the
petitioner shall surrender his passport before the learned Principal
st
Sessions Judge, Gandhinagar during the 1 week of September. The
remaining terms and conditions of the impugned order shall remain
unaltered except condition no.4. The present applicant is also directed
to furnish the details of his tour programme before the learned Principal
Sessions Judge, Gandhinagar.
8. In view of the above, the order passed by the learned Principal
Sessions Judge, Gandhinagar dated 16.10.2026 passed in CRMA
No.1707/2026 is hereby quashed and set aside.
9. Rule is made absolute to the aforesaid extent. Direct service
permitted.
(MOOL CHAND TYAGI, J)
Harshit
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