Neutral Citation No. - 2025:AHC:70176 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 11739 of 2025 Applicant :- Arun Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar,Ravi Kumar Sinha Counsel for Opposite Party :- G.A.,Krishna Ji Shukla,Sanjay Kumar Yadav Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant, Mr. Sanjay Kumar Yadav, learned counsel appearing on behalf of the C.B.I./ opposite party No. 1, Mr. Deepak Mishra, learned Additional Government Advocate representing the State/ opposite party No. 2 and Mr. Krishna Ji Shukla, learned counsel appearing on behalf of Union of India /opposite party No. 3. 2. The order dated 03.03.2025 passed by learned Special Judge (Anti Corruption), C.B.I., Court No. 1, Ghaziabad, in Special Case No. 49 of 2011 (C.B.I. Vs. R.P. Mishra and others) under Sections 420, 467, 468, 471, 120B I.P.C. and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, Police Station C.B.I., ACB, District Ghaziabad, whereby Application No. 7858Kha of the applicant seeking no objection certificate from the trial court for renewal/ re-issuance of his passport has been rejected, is the subject matter of challenge in the present case. 3. Main substratum of argument of learned counsel for the applicant is that earlier applicant was issued passport No. Y5226508 on 14.11.2023, which was valid up to 13.11.2024. Thereafter, applicant applied for renewal of his passport before the Regional Passport Officer, Ghaziabad, but the same is still pending. Since applicant is facing trial in Special Case No. 49 of 2011 (State Vs. R.P. Mishra and others), under Sections 120B, 420, 467, 468, 471 I.P.C. and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, therefore, the applicant moved an application dated 28.10.2024 for issuance of No Objection Certificate before the trial court, which has been rejected vide impugned order dated 03.03.2025 observing inter alia that there is no such provisions for seeking permission/NOC from the court concerned for issuance of passport instead of its "permission to depart from India". Assailing the said order dated 03.03.2025, it is argued that since applicant is facing criminal trial, as noted above, therefore, without issuance of No Objection Certificate, his passport will not be renewed/reissued, therefore, suitable direction may be given in this regard. 4. On the other hand, Mr. Krishna Ji Shukla, learned counsel appearing on behalf of opposite party No. 3 upon instructions submits that there is no requirement of No Objection Certificate by the trial court for renewal or re-issuance of passport. He further submits that No Objection Certificate from the concerned court, where the trial of the accused is going on, is required only in case where accused is seeking permission to depart from India. 5. In view of the above, following directions are issued:- (i) Applicant shall appear before the Regional Passport Officer, Ghaziabad on 07.05.2025 between 10.00 A.M. to 1.00 P.M. along with all the required documents for re-issuance of the passport to him. (ii) On appearance of the applicant before the Regional Passport Officer, Ghaziabad, the application of the applicant shall be considered and decided within a week in accordance with law. (iii) The decision taken by the authorities concerned shall be communicated to the applicant in writing within two days of taking decision. 6. With the aforesaid directions, the instant application under Section 528 of B.N.S.S. is disposed of. Order Date :- 2.5.2025/Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad