Gujarat High Court
Rajnikant Ambalal Patel vs Union Of India on 25 August, 2025
NEUTRAL CITATION
C/SCA/11790/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11790 of 2025
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RAJNIKANT AMBALAL PATEL
Versus
UNION OF INDIA & ANR.
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Appearance:
MR MEHUL M MEHTA(3416) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 25/08/2025
ORAL ORDER
[1] Rule. Learned advocate Mr. Pradip Bhate waives service of Rule for the respondent.
[2] The present Special Civil Application seeks a direction to extend the validity of the passport of the petitioner for a period 10 years by making appropriate endorsement on his passport bearing No. Y6848684 which is expiring on 03.08.2024.
[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 submits that the trial against the petitioner has been pending since last 3 years and during the pendency of the trial, the petitioner's passport is about Page 1 of 8 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:03:36 IST 2025 NEUTRAL CITATION C/SCA/11790/2025 ORDER DATED: 25/08/2025 undefined to get expire on 03.08.2024. The petitioner has, therefore, moved an application for reissue of the passport before the concerned Trial Court. The Trial Court vide its order dated 20.09.2024 has directed the passport authority to renew the passport of the petitioner for a period of 10 years.
[4] He submits that the learned Trial Court has directed the respondent authority to renew the passport of the petitioner for a period of 3 years. He submits that the petitioner preferred an application for renewal of passport being Application Reference no. 24-0017375828 dated 21.10.2024. However, the respondent no.2 authority has not renewed the same, stating that the petitioner should furnish permission from the Hon'ble Court concerned permitting the petitioner to depart from India [4.1] Learned advocate for the petitioner in support of his submissions has relied upon the judgment of the Division Bench of Bombay High Court reported in 2014 SCC Online Bom 356 - Narendra K. Ambwani v. Union of India & Ors. wherein the Bombay High Court has issued guidelines to be followed by the passport authorities where the Trial Court has directed that the passport may be renewed as per the rules.
[5] Per contra, learned advocate Mr. Pradip D. Bhate for the respondents has submitted that the passport of the petitioner has been renewed from time to time in terms of the GSR Notification Page 2 of 8 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:03:36 IST 2025 NEUTRAL CITATION C/SCA/11790/2025 ORDER DATED: 25/08/2025 undefined 570(E) dated 25th August, 1993. He submits that in view of said Notification, the passport authorities will issue the passport as per the rules and the prevalent notifications. He submits that, however, there is no restriction on this Court to issue a direction for issuance of the passport for a certain period of validity as per the rules. He, therefore, submits that appropriate directions be passed accordingly.
[6] Considered the submissions and perused the documents on record.
[7] It is not disputed that the FIR has been filed against the present petitioner which was registered under Sections 406, 408, 420, 465 and 471 of the Indian Penal Code and Sections 43(A), 43(B) and 66 of the Information Technology Act being FIR No.46 of 2022 filed before the Cybercrime Police Station, Ahmedabad. It is stated and submitted that the chargesheet has been filed and the said FIR has culminated into Criminal Case No.81722 of 2022.
[8] The GSR Notification 570(E) dated 25th August, 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 Page 3 of 8 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:03:36 IST 2025 NEUTRAL CITATION C/SCA/11790/2025 ORDER DATED: 25/08/2025 undefined 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 period validity 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, 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.Page 4 of 8 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:03:36 IST 2025
NEUTRAL CITATION C/SCA/11790/2025 ORDER DATED: 25/08/2025 undefined
(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."
[9] The said Notification also specifies in Clause (ii) 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. Further, the said order also places restriction that whenever the petitioner has to travel abroad, he has to take appropriate permission from the Trial Court.
[10] The Division Bench of the Bombay High Court in writ petition No.361 of 2014 dated 13th March, 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 Magistrate's court directs renewal of the passports under the Rules, Page 5 of 8 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:03:36 IST 2025 NEUTRAL CITATION C/SCA/11790/2025 ORDER DATED: 25/08/2025 undefined the Passport Rules, 1980 shall apply and passports other than for a child aged more than 15 years shall be renewed for a 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 at least ten years.
The Regional Passport Office shall renew the passports of such qualifying applicants at least 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 Page 6 of 8 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:03:36 IST 2025 NEUTRAL CITATION C/SCA/11790/2025 ORDER DATED: 25/08/2025 undefined 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)."
[11] 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 present case. In case of the petitioner herein, the learned Trial Court, City Civil and Sessions Court, Court No.18, Ahmedabad has directed vide order dated 20th September 2024 passed in Criminal Miscellaneous Application No.6868 of 2024 that the application for renewal of the passport of the petitioner for a longer period. It is not disputed that the learned Trial Court, City Civil and Sessions Court, Court No.18, Ahmedabad has given a direction to renew the passport of the petitioner for a longer period. This Court is also 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.
[12] In view of the aforesaid reasons and observations, the respondent authorities are directed to 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 Page 7 of 8 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:03:36 IST 2025 NEUTRAL CITATION C/SCA/11790/2025 ORDER DATED: 25/08/2025 undefined to travel abroad, which shall impose such conditions as it deems fit and proper in case of the petitioner.
[13] With the aforesaid directions, the present Special Civil Application is allowed. Rule is made absolute to the aforesaid extent. No order as to costs.
(NIRAL R. MEHTA,J) CHANDRESH Page 8 of 8 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:03:36 IST 2025