Neutral Citation No. - 2025:AHC-LKO:15039-DB Court No. - 2 Case :- WRIT - C No. - 2118 of 2025 Petitioner :- Nisar Husain Respondent :- U.O.I. Thru. Its Secy. Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Gaurav Tripathi,Syed Abul Kasim Zaidi Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Syed Abul Kasim Zaidi, learned Counsel for the petitioner, Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Varun Pandey, learned Counsel for the opposite parties. 2. By means of this petition, the petitioner seeks re- issuance/renewal of passport bearing Passport Application Reference No.24-2005433302 of the Passport Bearing No.M7067499 valid from 23.08.2015 to 22.08.2025. 3. There is a criminal case pending trial against the petitioner in the court of F.T.C (S.D.), Gonda details of which has been mentioned in paragraph No.11 of the writ petition i.e. Case Crime No.592/2022 under Section 504 and 506 I.P.C., Police Station-Wazirganj, District-Gonda. The petitioner is currently working in Kuwait and his passport will expire soon, therefore, he applied to the aforesaid court where the trial is pending, however, the application has been disposed of with the observation that concerned authority should do the needful immediately as per provisions of Passport Act, 1967. 4. Apparently, the order has been passed in ignorance of the relevant notifications and judgment of this Court, which it appears were not placed before the trial court. As per the notifications dated 25.08.1993 and 10.10.2019 which are referable to the Passport Act, 1967, the court below is required to consider grant of permission to the accused for going abroad and for issuance/renewal of passport specifically. The petitioner is already abroad in Kuwait but his passport will expire soon, therefore, he wants re-issuance of his passport. In these circumstances, the brother of the petitioner had applied. These aspects have already been considered by us in a catena of judgments such as decision dated 20.11.2018 passed in Writ Petition No.31723 (M/B) of 2018 'Salim Kumar vs. Union of India & Ors.'; judgment dated 03.12.2022 rendered in Writ-C No.8621 of 2022 'Shiv Shankar vs. Union of India & Ors.'; decision dated 21.06.2022 rendered in Writ-C No.3617 of 2022 'Smt. Rashmi Kapoor vs. Union of India & Ors.'; decision dated 13.11.2024 passed in Writ-C No.9562 of 2024 and a recent decision dated 21.10.2024 rendered by this very Division Bench in Writ-C No.8874 of 2024 'Shah Alam vs. Union of India & Ors.', therefore, the order dated 21.01.2025 though it is not specifically challenged in this petition but as the challenge is implicit in the relief prayed for, is quashed, with a direction to the court below where the criminal trial is pending to reconsider the application of the petitioner in the light of the notifications and judgments referred hereinabove. The petitioner shall submit the copy of the notifications referred hereinabove before the court below for its consideration. Let a fresh decision be taken within three weeks from the date a certified copy of this order is placed before it. 5. With the aforesaid observations/directions, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 12.3.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench