VINODKUMAR SHREEPRAKASH TOTLAversusUNION OF INDIA

   C/SCA/4624/2026                                JUDGMENT DATED: 07/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 4624 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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          Approved for Reporting                 Yes          No
                                                              No
==========================================================
                     VINODKUMAR SHREEPRAKASH TOTLA
                                 Versus
                             UNION OF INDIA
==========================================================
Appearance:
MR BY MANKAD(440) for the Petitioner(s) No. 1
MR SATYAJIT SEN(731) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                             Date : 07/05/2026

                            ORAL JUDGMENT

1. Rule returnable forthwith. Learned Standing Counsel
waives service of notice of rule for and on behalf of the
respondent.

2. By way of the present writ petition, filed under Articles
14, 19 and 226 of the Constitution of India r/w the
provision of Passport Act, 1967 the petitioner has prayed
for direction to renew the passport of the petitioner for
period of 10 years.



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3.      Learned advocate for the petitioner has submitted
that under the prevalent rules of the GSR Notification
570(E) dated 25.08.1993, the respondent authority has to
renew the passport of the petitioner for a period of 10
years. He has submitted that the petitioner had applied
for renewal of the passport, however, the respondent
authority has not renewed the passport for 10 years on
the ground of FIR against the petitioner. He has
submitted that the petitioner has granted anticipatory
bail by this Court vide order dated 1.8.2022 passed in
Criminal Misc. Application No.3553 of 2021.

4. Mr. Pradip D. Bhate, learned advocate for the
respondent submits that the passport application of the
petitioner is to be processed in accordance with the GSR
Notification 570(E) dated 25.08.1993. He submits that
the citizens who are facing criminal proceedings have to
produce orders from the Court concerned permitting
them to depart from India.

5. Heard learned advocates for the parties, perused the
documents on record and considered the submissions.

6. At the outset, it is not in dispute that the application of
the petitioner for renewal of the passport is still pending
before the concerned respondent authority. Further, from
the record it appears that this Court has granted
anticipatory bail by this Court vide order dated 1.8.2022
passed in Criminal Misc. Application No.3553 of 2021.



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  C/SCA/4624/2026                          JUDGMENT DATED: 07/05/2026




7. At this stage, it is appropriate to refer the GSR
Notification 570(E) dated 25.08.1993 reads as under:-

     “G.S.R 570 (E)-In exercise of the powers conferred by
     clause (a) of the Section 22 of the Passports Act 1967
     (15 of 1967) and in supersession of the notification of the
     Government of India in the Ministry of External Affairs
     No. G.S.R. 298(E), dated the 14th April, 1976, the
     Central Government, being of the opinion that it is
     necessary in public interest to do so, hereby exempts
     citizens of India against whom proceedings in respect of
     an offences alleged to have been committed by them are
     pending before a criminal court in India and who
     produce orders from the court concerned permitting
     them to depart from India, from the operation of the
     provisions of Clause (f) of sub-section (2) of Section 6 of
     the said Act, subject to the following conditions,
     namely :-

     (a) the passport to be issued to every such citizen shall
     be issued-

     (i) for the period specified in order of the court referred
     to above, if the court specifies a period for which the
     passport has to be issued; or

     (ii) if no period either for the issue of the passport or for
     the travel abroad is specified in such order, the passport
     shall be issued or a period one year.

     (iii) if such order gives permission to travel abroad for a
     period less than one year, but does not specify the
     periodvalidity of the passport, the passport shall be
     issued for one year; or

     (iv) if such order gives permission to travel abroad for a
     period exceeding one year, and does not specify the
     validity of the passport, then the passport shall be issued
     for period of travel abroad specified in the order.

     (b) any passport issued in terms of (a) (ii) and (a) (iii)
     above can be further renewed for one year at a time,


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  C/SCA/4624/2026                         JUDGMENT DATED: 07/05/2026




     provided the applicant has not travelled abroad for the
     period sanctioned by the court and provided further
     that, in the meantime, the order of the court is not
     cancelled or modified.

     (c) any passport issued in terms of (a) (i) above can be
     further renewed only on the basis of 3 fresh court order
     specifying a further period of validity of the passport or
     specifying a period for travel abroad;

     (d) the said citizen shall given an undertaking in writing
     to the passport issuing authority that he shall if required
     by the court concerned, appear before it at any time
     during the continuance in force of the passport so
     issued.”

8. Clause (ii) thereof states that if there is no period
specified in the order passed by the Trial Court for
issuance of passport, the passport shall be issued for a
period of 1 year. The said Notification also specifies in
Clause (i) that if the Court specifies the period for which
the passport has to be issued, then the passport shall be
issued for such a specified period.

9. The Division Bench of the Bombay High Court in writ
petition No.361 of 2014 dated 13.03.2014 has held thus:-

     “10. In the circumstances, we propose to issue
     guidelines to be followed by the Respondents on receipt
     of the applications for renewal of the passports, in all
     cases, where the Magistrate's court has directed
     that the passports may be renewed as per the Rules.

     11. Accordingly, we issue the following directions :-

     (a) In all cases where the Magistrates court directs
     renewal of the passports under the Rules, the Passport
     Rules, 1980 shall apply and passports other than for a
     child aged more than 15 years shall be renewed for a

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  C/SCA/4624/2026                        JUDGMENT DATED: 07/05/2026




     period of ten years or twenty years as the case may be
     from the date of its issue. All qualifying applicants are
     entitled to have passport renewed for atleast ten years.
     The Regional Passport Office shall renew the passports
     of such qualifying applicants atleast for ten years.

     (b) In case where the passports are valid and the
     applicants hold valid visas on existing passport, the
     Regional Passport Officer shall issue the additional
     booklet to the same passport provided the applicant had
     obtained permission to travel abroad.

     (c) If the learned Magistrate passes an order making the
     reference to the said Notification No. G.S.R. 570(E)
     dated 26th August, 1993, the passport shall be renewed
     only for such period that the Magistrate may specify in
     the order or as otherwise specified in the said
     Notification where the passport of the applicant is valid
     for less than one year, the additional booklet may be
     issued subject to the orders to be obtained in this behalf
     only of the Magistrate concerned.

     12. For avoidance of doubt, we clarify that the guidelines
     set out herein will be applicable only in the cases where
     the learned Magistrate ordered renewal of the passports
     as per Passport Rules, 1980 and to no other. In other
     cases, where the learned Magistrate had granted
     permission to the accused persons to depart from India,
     the provisions of Section 6(2)(f) of the Passports Act,
     1967 and the Notification(s) issued thereunder from time
     to time by the Ministry of External Affairs or such other
     competent authority so empowered, will continue to
     apply and directions permitting the accused persons to
     depart from India and/or the orders permitting renewal
     of the passports of such accused persons shall continue
     to be governed by such Notification(s).

10. Though the said decision is not binding on this Court,
it has certainly a persuasive value. In the considered
opinion of this Court, the ratio of the said judgment
squarely applies in the facts and circumstances of the


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present case. The Central Government has issued a
Notification by exercising powers vested in it under
Section 6(2)(f) of the Passport Act, 1967 being GSR
Notification 570(E) dated 25.08.1993. There being an
ambiguity under the provisions of the Act, the Rules and
the GSR Notification 570(E) dated 25.08.1993 issued by
the passport authority, the Division Bench of the Bombay
High Court has clarified the said ambiguity in case of
Narendra K. Ambwani (supra). This Court is also of the
considered opinion that the passport authorities do not
have any authority to decide whether the accused has a
right to travel abroad and such authority is only vested in
the Trial Court which can impose conditions if an
application is made seeking permission to travel abroad.
This Court is of the considered opinion that the directions
issued by the Bombay High Court are binding upon the
passport authorities to renew the passport for a period of
10 years as per the Act and the Rules.

11. In view of the aforesaid reasons and observations, the
respondent authority is hereby directed to decide the
application of the petitioner for renewal of the passport
within period of 4 weeks from the date of receipt of copy
of present order and renew the passport of the petitioner
for a period of 10 years. However, it is clarified that if the
petitioner has to undertake any travel abroad, he will
have to make appropriate application to the Trial Court
seeking permission to travel abroad, which shall impose
such conditions as it deems fit and proper in case of the
petitioner.


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    C/SCA/4624/2026                                                                JUDGMENT DATED: 07/05/2026




12. With the aforesaid directions, the present Special
Civil Application is allowed and accordingly stands
disposed of. Rule is made absolute to the aforesaid
extent. No order as to costs. Direct service is permitted.


                                                                                            Sd/-
                                                                        (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 17:22:09




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