Gujarat High Court
Rameshbhai Chhaganlal Rabari (Desai) vs The Regional Passport Officer on 12 February, 2026
NEUTRAL CITATION
C/SCA/1774/2026 ORDER DATED: 12/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1774 of 2026
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RAMESHBHAI CHHAGANLAL RABARI (DESAI)
Versus
THE REGIONAL PASSPORT OFFICER
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Appearance:
MANAN V PATEL(8059) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 12/02/2026
ORAL ORDER
1. Rule returnable forthwith. Mr. Pradip D. Bhate, learned
advocate waives service of rule for the respondent.
2. By the present writ petition, the petitioner has prayed
for direction to renew passport of the petitioner for a period
of 10 years.
3. Learned advocate for the petitioner submits that an FIR
being No. CR-I No. 11191036240020 of 2024 came to be
lodged with the Navrangpura Police Station, Ahmedabad for
the offences punishable under Sections 306, 506(2), 506(1)
and 114 of the Indian Penal Code. He submits that in
connection with the said FIR, the petitioner was released on
anticipatory bail by this Court in Criminal Misc. Application
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NEUTRAL CITATION
C/SCA/1774/2026 ORDER DATED: 12/02/2026
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No. 5059 of 2024 dated 02.04.2024. It is further submitted
that the petitioner has preferred an application for quashing
the said FIR before this Court by way of Criminal Misc.
Application (Quashing) No. 13323 of 2024, wherein this
Court by order dated 12.07.2024 was pleased to grant
interim relief and the same is pending before this Court. It is
further submitted that the petitioner is holding passport
being N5763291 and the same has expired on 06.12.2025,
the petitioner has also holding visitor visa of United States of
America which has also been expired on 01.02.2025.
Thereafter the petitioner has preferred an application for
release of the passport before the trial Court and the same
has been allowed by the trial Court by order dated
19.12.2025 passed in Cr.M. A. No. 13976 of 2025. He submits
that the petitioner approaches this Court for renewal of his
passport for a period of ten years.
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.
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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 FIR being CR-I No.
11191036240020 of 2024 came to be lodged with the
Navrangpura Police Station, Ahmedabad for the offences
punishable under Sections 306, 506(2), 506(1) and 114 of the
Indian Penal Code. In connection with the said FIR, the
petitioner was released on anticipatory bail by this Court in
Criminal Misc. Application No. 5059 of 2024 dated
02.04.2024. The petitioner has also preferred an application
for quashing the said FIR before this Court by way of
Criminal Misc. Application (Quashing) No. 13323 of 2024,
wherein this Court by order dated 12.07.2024 was pleased to
grant interim relief and the same is pending before this
Court. It is also not in dispute that the petitioner has
preferred an application for release of the passport before
the trial Court and the same has been allowed by the trial
Court by order dated 19.12.2025 passed in Cr.M. A. No.
13976 of 2025.
7. 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 14 th April, 1976, thePage 3 of 7
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NEUTRAL CITATIONC/SCA/1774/2026 ORDER DATED: 12/02/2026
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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 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.
(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.”
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7. 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.
8. 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 Magistrate’s 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 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 26 th 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
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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).
9. 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. 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
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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.
10. 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 to travel abroad, which shall impose such
conditions as it deems fit and proper in case of the
petitioner. If any application for renewal of the passport is
made by the petitioner, the same be decided expeditiously
within a period of 4 weeks from the date of such application.
11. With the aforesaid directions, the present Special Civil
Application is allowed and accordingly stands disposed of.
No order as to costs. Rule is made absolute to the aforesaid
extent.
Direct Service is permitted.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
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