HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24109 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Arvind Prabodh Dubey, learned counsel for the applicant and Mr. B.P. Singh, learned A.G.A. for the State. 2. The present application has been filed with prayer to quash the entire proceedings of Case No.- 2302703 of 2018 (State Vs. Zahiruddin and others) arising out of Case Crime No.- 396 of 2017 under Sections 323, 504, 506 I.P.C., P.S.- Tiwaripur, District- Gorakhpur. 3. It is contended by learned counsel for the applicant that vide order impugned, learned Magistrate has rejected the application (for issuance of no objection certificate) for renewal of passport of applicant. It is further contended that the learned Magistrate has erred in rejecting the said application on the ground that the application was filed for permission to go abroad, whereas the application was filed only for issuance of no objection certificate for renewal of passport. In support of his submission learned counsel for the applicant has placed reliance on the judgment dated 01.05.2025 passed by Division Bench of this Court in the case of Mohd. Talha Vs. Union of India (2025 AHCLKO 24961). He relied on para 28 of the said judgment, which is quoted as under:- "(28) Apparently, it seems that when the petitioner applied for such NOC, the concerned trial Court passed an order stating that such permission was not required to be given by it. We have already discussed relevant provisions of Passport Act, 1967 and the notifications issued thereunder which do require such permission to be taken from the Court where criminal trial is pending. We have also referred to the earlier Versus Counsel for Applicant(s) : Arvind Prabodh Dubey, Puneet Mishra Counsel for Opposite Party(s) : G.A. Hamid Parvej Ansari Alias Seebu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) judgments of several Co-ordinate Benches where the law has been discussed and clarified in this regard. In this context, we have also taken into consideration the submissions of learned Senior Counsel and Deputy Solicitor General of India. We, accordingly, set-aside the order dated 30.07.2024 passed in Case No. 2397 of 2023 arising out of Case Crime No. 113 of 2013 by the Chief Judicial Magistrate (A.P.), Lucknow in exercise of our suo moto inherent powers. Consequently, the application of the petitioner shall stand revived and will be considered afresh in the light of what has been discussed hereinabove and a decision shall be taken within a period of three weeks. The aforesaid order dated 30.07.2024 has been passed in the context of Case Crime No.113 of 2013 as referred earlier, however, there is another criminal case against the petitioner, bearing Case Crime No. 123 of 2011, in respect to which, some document has been filed by the petitioner indicating submission of a Final Report by the Investigating Officer, however, there is no order regarding its acceptance, therefore, the petitioner will have to find out as to whether the Final Report has been accepted, if so, produce the said order before the Regional Passport Officer. If it has not been accepted or on a protest application, same is being proceeded, then, he will have to seek permission from the Court of criminal jurisdiction, where the said case is pending on the same lines as discussed hereinabove. If, the NOC/Permission for going abroad is granted by the aforesaid Courts, then, the petitioner shall submit the same before the Regional Passport Officer concerned, who shall then process the application of the petitioner for issuance of passport as per law and take a decision within a period three weeks of submission of such NOC/Permission." 4. Learned counsel for the applicant submits that in view of above, the application deserves to be allowed. 5. On the other hand, learned A.G.A. does not dispute the legal aspect of the matter. 6. In view of law laid down by Mohd. Talha (supra), the order impugned is set aside and the the present application is allowed. 7. Learned Magistrate is directed to consider and decide the application (for issuance of no objection certificate for renewal of passport), afresh within two weeks from the date of production of certified copy of this order. September 12, 2025 Virendra NA528 No. 24109 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad