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MOHAMED RAFI (Secretary)     03 November 2013

Suppression of pending criminal case passport application

I applied for renewal of my passport and during the process of applying online I forget the click the option YES TO Inform of pending criminal case against  me in a lower court but a STAY was granted by the High court then on the same case.

But during Police verification I had disclosed about the pending case and STAY granted by the Hon. High court in signed statement by providing the police copies of the stay order and other details.

The Passport officer has penalized me Rs.5000 for willfully SUPPRESSING information  about pending criminal case in court. The Case was recently quashed by the HON.HIGH COURT.

Since I had already disclosed the pending case matter to the Police in signed statement  during police verification  is it right on the part of Passport office to penalize me for "WILLFUL SUPPRESSION"?

I Request the Hon.Forum members to guide me on this matter as I feel I have not willfully suppressed any facts and have been penalized un necassarily.

Thank You



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     04 November 2013

You may brand non-disclosure of information as an erroneous omission but before the eyes of law it is willful suppression of material facts thus the passport officer is legally right in penalizing you, you should thank him for not rejecting your application on the grounds of fraud played upon by wantonly withholding disclosure of your criminal case at the time of applying for the passport.  

MOHAMED RAFI (Secretary)     04 November 2013

Thanks Mr Kaliselvan. I really appreciate  the kindness of Passport officer.

But the question is as I have seen majority of the cases who apply online do commit this mistake of unintentional error.

In my case I have clearly disclosed the details of pending case when police Inquiry was initiated providing them the details.

My question is :Does this amount to WILLFUL SUPPRESSION ?

T. Kalaiselvan, Advocate (Advocate)     04 November 2013

You should not worry about what others do with their application and other things.  You are not one among them.  Firstly you should know that when you have filled up all other columns in the application properly and correctly why did you not answer correctly the question about the criminal case pending if any in the column meant for?, donot say that you have not read that properly, you very well know that you have intentionally concealed the fact in the application but disclosed it before the police during their process of verification due to the fear that the police will somehow come to know about the pending case later on and after that your position will be problematic hence you had volunteered to  do so before the police.  Your act be  considered as 'Willful suppression' before the eyes of law.

MOHAMED RAFI (Secretary)     04 November 2013

LOL....

But the truth is something else as it is easy to assume things..!

 

Sudhir Kumar, Advocate (Advocate)     08 November 2013

why should other party believe that you clicked erroneously.  The bare fact is that the police has dug out that there is a cae and the police has made you to sign a statement to that effect.

MOHAMED RAFI (Secretary)     08 November 2013

No Digging by Police ! I supplied all information and copies to the police  !!!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 November 2013

You withheld some information willfully or otherwise. The Police verification is for finding out whether you had been truthful or not. Police have done their job. You are fortunate that you are only poorer by Rs.5000/-. Willful concealment is a criminal offence. Forgetting to fill up is a lapse. A fine of Rs.5000/- is only for a lapse. The punishment for criminal offence would have been much more.

ashish gautam (ASST PROFESSOR)     27 October 2015

respected sir T. Kalaiselvan, Advocate

if i disclose the fact that a criminal case is pending against me in this situation what are the conditions on which my applicationfor passport will be rejected?

please help me

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     27 October 2015

Passport officer has right to penaliziled you  as you make false statement by supperasion of fact as you should thankfull to passport office he hsa not rejected your application


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