I passport of British Citizen (having dual citizenship) was seized by the police and session court rejected the application for return of the person. The person was arrested u/s. IPC 468 and some more sections.

Now to get the passport the application has been filed with High Court.

Should he get the passport inspite of criminal case pending against the same person?

Depends on the gravity of the allegations and role attributed to him under the FIR. 

technically the police cannot seize a passport, it has to be by the Passport authorities only....find the procedure in Passports Act :)

Thanks for replying.

Allegations are of creating forge documents and getting the divorce decree in his own favour.

The sections applied are 498(A), 506, 114, 465, 466, 468, 471, 494 of IPC 1806 as well as sections 3 and 7 of the Dowry Prohibition Act. 

 the court  can  seize the passport since it  is  a measure to secure the  presence of the accused  and  is indepandent of any civil rights of the  accused ,  imagine a  situation  when the court has  jurisdiction to  even to   sieze (custody of the accused  himself)  then  what to talk of  a passport ? 

 The  high court would not normaly order return of the passport  since   the  siezure would be in the discretion of the   trial court   who has best  judgingg  matreial to  support or otherwise  justifiability  of his  action