Neutral Citation No. - 2025:AHC-LKO:41263-DB Court No. - 2 Case :- WRIT - C No. - 6446 of 2025 Petitioner :- Rijwan Ishahak Respondent :- U.O.I. Thru. Chief Secy. Ministry Of External Affairs New Delhi And 3 Others Counsel for Petitioner :- Manmohan Singh,Sandeep Kumar Ojha Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Heard. 2. By means of this petition, the petitioner has sought a writ of mandamus commanding opposite parties to renew the passport by allowing the application dated 04.05.2025. 3. As per petitioner's counsel there are two criminal cases against the petitioner, details of which have been given in Para 10, in which in one case i.e. Case Crime No. 159 of 2018, under Section 147, 364, 506 I.P.C., Police Station Jaisinghpur, District - Sultanpur final report has been filed which has been accepted by the court, however in the other case i.e. Case Crime No.19 of 2023, under Section 427, 504, 506 I.P.C. and Section 3(1)Da, 3(1)Dha SC/ ST Act, Police Station Jaisinghpur, District Sultanpur, charge-sheet has been filed, meaning thereby, the case is pending in the Criminal Court. However, learned Standing Counsel has instructions that apart from the above, there is 3rd case bearing Case Crime No.163 of 2019, in which also the charge-sheet has been filed against the petitioner. 4. In the aforesaid scenario the remedy for the petitioner is to seek permission from the court where the criminal cases are pending and once the NOC / permission is granted, if it is so, then to file the same before the Regional Passport Officer, who shall take a decision in the matter as per law at the earliest. However, the permission / NOC is not granted then of course the petitioner will have to seek other remedy. The law in this regard has been explained by us in the catena of Judgements 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.'. 5. If the petitioner is residing outside he has remedy of applying for an emergency certificate as provided under Section 4(2) of the Passport Act, 1967 and the Passport Manual for entering into India and seeking such permission as the case may be. If such a permission/NOC is granted by the Court concerned, the same shall be submitted before the Regional Passport Officer who shall consider the application of the petitioner accordingly, as per law but with expedition say, within one month of submission of such NOC/permission. 6. Accordingly, the petition is disposed of. . [Manish Kumar,J.] [Rajan Roy,J.] Order Date :- 18.7.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench