Neutral Citation No. - 2025:AHC-LKO:4192-DB Court No. - 2 Case :- WRIT - C No. - 235 of 2025 Petitioner :- Usman Khan Respondent :- Union Of India Thru.Secy. Ministry Of External Affairs New Delhi And 3 Others Counsel for Petitioner :- Avadhesh Mishra Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard Shri Avadhesh Mishra, learned counsel for the petitioner and Shri S.B Pandey, learned Senior Advocate and D.G.S.I, assisted by Shri Varun Pandey, learned counsel for the opposite party no. 1 and 2. 2. Supplementary afÏdavit filed today is taken on record. 3. There is a criminal trial pending against the petitioner before the court of Special Judge (S.C/S.T Act), Sitapur, bearing Sessions Trial No. 317 of 2021. As the petitioner wanted to go abroad for which he required a passport, he applied to the court below where the trial is pending, for grant of No Objection Certificate/permission for issuance of the passport and for going abroad. 4. However, the said application has been rejected by the Special Judge on the ground that he does not have any such authority. It appears that the notifications of the Government of India referable to the Passport Act, 1967 and decisions of this Court on the subject were not brought to the notice of the learned trial court resulting in the order dated 21.03.2024, rejecting the petitioner's application. 5. We may, in this regard, refer to various decisions wherein, this aspect of the matter has also been dealt with viz Writ Petition No.31723 (M/B) of 2018 'Salim Kumar vs. Union of India & Ors., Writ-C No.8621 of 2022 'Shiv Shankar vs. Union of India & Ors., Writ-C No.3617 of 2022; Smt. Rashmi Kapoor vs. Union of India & Ors., Writ-C No.8874 of 2024 'Shah Alam vs. Union of India & Ors., Writ-C No.5587 of 2024; Umapati vs. Union of India & Ors. and Writ - C No. 10419 of 2024; Amit Mehrotra @ Titu Mehrotra Vs. Union of India and Ors. 6. In view of the aforesaid decisions, the order dated 21.03.2024, passed by the Special Judge, S.C/S.T Act, Sitapur is quashed and the said court is directed to re- consider the application of the petitioner for issuance of the No Objection Certificate/permission for issuance of passport and going abroad, afresh, keeping in mind the decisions referred hereinabove. 7. As the application of the petitioner for issuance of passport before the Regional Passport OfÏcer is pending only on account of the aforesaid proceedings, we direct the court below to take a decision on the application of the petitioner, accordingly, within three weeks. 8. Consequences will follow accordingly, as per law. 9. Accordingly, the petition is disposed of. 10. The copy of the said decisions alongwith the notifications of the Government of India, referred therein, and the provisions of the Passport Act shall be placed before the trial court by the petitioner alongwith an application and certified copy of this order. Order Date :- 22.1.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench