HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50350 of 2025 Court No. - 79 HON'BLE CHAWAN PRAKASH, J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicant for quashing the order dated 20.11.2025 passed by the learned Additional Chief Judicial Magistrate, Ghaziabad in Crl. Case no.4263 of 2023 (State Vs. Anil and others) arising out of Case Crime No.582 of 2016, P.S. Link Road, District Ghaziabad. 3. Learned counsel for applicants submits that applicant had filed a Writ - C No.24932 of 2025 with the following prayer : " i. Issue a writ, order, or direction in the nature of Certiorari quashing the impugned communications/orders dated 27.06.2025 issued by Respondent No.3 refusing to renew the passports of the petitioners. ii. a writ, order or direction in the nature of Mandamus commanding/directing the respondents/authorities/specifically the respondent No.3, to renew and issue a fresh passport in favour of the petitioner in respect of application reference Nos. GZ1079888821224 (Petitioner No.1) and GZ1079888820024 (Petitioner No.2), dated 19.07.2024, having passport No.R3105976 and P001753, respectively, forthwith in accordance with law. " 4. The Division Bench of this Court, vide order dated 21.08.2025, allowed the said writ petition and granted liberty to the applicant to move an application before the concerned court for issuance of a no objection Versus Counsel for Applicant(s) : Shivam Yadav, Udai Bhatia Counsel for Opposite Party(s) : A.S.G.I., G.A., Ved Mani Tiwari Ekta Lunia And Another .....Applicant(s) Union Of India And 4 Others .....Opposite Party(s) certificate. It was further directed that the trial court shall decide the said application without treating the stay order of this court. Pursuant thereto, the applicant filed an application before the Additional Chief Judicial Magistrate, Court No. 5, Ghaziabad. However, the learned Magistrate declined to pass any order on the said application on the ground that the proceedings of the trial court were stayed by the High Court. It is submitted that the learned Magistrate has failed to comply with the directions issued by this Court in Writ-C No. 24932 of 2025 vide order dated 21.8.2025, and has thus committed a manifest illegality in passing the impugned order dated 20.11.2025. Accordingly, it is prayed that the trial court be directed to decide the aforesaid application strictly in accordance with law. 5. Learned A.G.A. has no objection in grant of aforesaid prayer. 6. The applicants has filed a writ Writ - C No.24932 of 2025 vide order dated 21.8.2025, which is as under: 1. Heard learned counsel for the petitioners, Sri Devendra Narayan, learned counsel for the respondents No.1,2 and 3 and learned Standing Counsel for the State- respondents. 2. The following prayers have been made in the present petition:- " i. Issue a writ, order, or direction in the nature of Certiorari quashing the impugned communications/orders dated 27.06.2025 issued by Respondent No.3 refusing to renew the passports of the petitioners. ii. a writ, order or direction in the nature of Mandamus commanding/directing the respondents/authorities/specifically the respondent No.3, to renew and issue a fresh passport in favour of the petitioner in respect of application reference Nos. GZ1079888821224 (Petitioner No.1) and GZ1079888820024 (Petitioner No.2), dated 19.07.2024, having passport No.R3105976 and P001753, respectively, forthwith in accordance with law. " 3. The passport of the petitioners are not being renewed apparently in view of pendency of criminal case against the petitioners bearing Case Crime No. 0582 of 2016, Under Sections 468, 471, 504 and 506 I.P.C., Police Station- Link Road, District Ghaziabad. NA528 No. 50350 of 2025 2 4. Leaned counsel for the petitioners submits that the petitioners have challenged the proceedings of the criminal case by filing Criminal Misc. Application U/s 482 Cr.P.C., bearing No.24461 of 2018, within proceedings have been stayed and further there is order for no coercive measures being taken against the petitioners. 5. It has been held by a Coordinate Bench in Writ-C No. 41540 of 2023 (Pawan Kumar Rajbhar vs. Union of India and 2 others) and other connected matters decided on 19.01.2024 that in such an event, it is open to the person concerned to seek no- objection from the jurisdictional criminal court in respect of grant of passport and the Regional Passport Officer shall act, accordingly. 6. In view of the aforesaid position, we dispose of the writ petition with liberty to the petitioners to apply before the concerned court for no-objection and in case, any such application is find then trial court shall decide the same without treating the stay order of this court staying the trial as an impediment." 7. In pursuance of the aforesaid order, the applicants were granted liberty to file an application before the court concerned for seeking a no objection certificate from the trial court. The trial court is also directed to decide the said application without treating it the stay order of this Court. Thereafter the applicants filed an application before the Additional Chief Judicial Magistrate, Court No.5, Ghaziabad but learned Magistrate has not decide the said application by stating that proceeding of trial court is stayed. 8. A perusal of the order sheet reveals that the learned trial court has not complied with the directions issued by the Division Bench of this Court. Accordingly, the trial court is directed to decide the said application expeditiously, preferably within a period of three weeks from the date of production of a certified copy of this order. 9. With the above directions, this application is disposed of. April 20, 2026 Md Faisal NA528 No. 50350 of 2025 3 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad