IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF CONDITION) NO. 1 of 2026 In R/CRIMINAL MISC.APPLICATION NO. 21487 of 2019 ==========================================================

PRAKASHBHAI ASHOKBHAI TOTLANI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. RUTURAJ NANAVATI, ADVOCATE WITH MR HARSHIL G BHAVSAR(11263) for the PETITIONER(s) No. 1 MR. MANAN MAHETA, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 05/03/2026

IA ORDER

1. RULE. Learned APP Mr. Manan Maheta waives service of Rule for and on behalf of respondent No.1 – State and learned advocate Mr. R.B. Rajpurohit waives service of Rule for and on behalf of the respondent No.2 – original complainant.

2. By way of preferring the present application, the applicant has prayed for the following reliefs : -

“10.(a) This Hon’ble Court may be pleased to admit and allow this application.

(b) This Hon’ble Court may be pleased to temporary suspend and/or modify the condition imposed in Paragraph – 5 vide order dated 20.03.2024 for a period of one year and further be pleased to grant permission to the applicant to travel the Country of China as well as to visit Unites State of America (U.S.A.) for period of 22 days on any suitable terms and condition deemed fit by this Hon’ble Court in the interest of justice.

(c) Grant such other and further relief/s as deemed just and proper in the interest of justice.”

3. The applicant, who has preferred the present Criminal Misc. Application No. 21487 of 2019 seeking quashment of FIR being C.R. No. I–100 of 2019, has been restrained from travelling abroad pursuant to the order dated 20.03.2024 passed by the Coordinate Bench of this Court while adjudicating the Criminal Misc. Application No. 1 of 2021 filed for vacating the interim relief.

4. The applicant now seeks permission of this Court to travel to abroad (China and U.S.A.) for business purpose and for attending the College Graduation Ceremony of his niece in the U.S.A., as set out in the itinerary from 07.03.2026 to

05.09.2026.

5. Learned advocate Mr. Ruturaj Nanavati for Mr. Harshil Bhavsar, learned advocate appearing for the applicant, with commendable fairness, has submitted that although the applicant initially sought permission to travel abroad for one year, he confines the present request to permission to travel to China and U.S.A. from 07.03.2026 to 05.09.2026, subject to such conditions as this Court may deem fit to impose. Learned advocate for respondent No.2 has also been heard on this aspect.

6. Having regard to the facts of the case and considering the documents placed on record, this Court is inclined to accede to the prayer. Accordingly, the applicant is permitted to travel to abroad (China and U.S.A.) for business purpose commencing from 07.03.2026 to 05.09.2026, subject to the following conditions:-

(i) The applicant shall deposit a further sum of Rs.50,000/- before the Registry of this Court within a period of seven working days from today, in addition to the amount of Rs. 50,000/- already deposited by the applicant pursuant to the order passed by a Coordinate Bench of this Court in Criminal Misc. Application No.1 of 2025 in Criminal Misc. Application No. 21487 of 2019; and (ii) The applicant shall file a comprehensive affidavit delineating his complete travel itinerary, proposed business engagements, and the contact details / mobile number which shall remain functional during his stay at abroad (China and U.S.A.).

7. Subject to the aforesaid conditions, the present application stands disposed of. Rule made absolute to the aforesaid extent.

(VIMAL K. VYAS, J)

AMAR SINGH