Fight for justice (manager) 17 October 2015

Re-issue passport pending 498a

False FIR filed under Sec 498A by sister in law. Charge sheet has been filed in magistrate court but charges are not framed as yet. All accused have received regular bail. NO TRAVEL RESTRICTIONS FOR ME. I have to apply for re-issue of passport as pages have expired. Please clarify what I should respond to for the following questions in the passport application form and police verification form:

1) Passport application form qt: Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending before a court of India?

2) Police verification form qt: Any criminal proceedings pending against you before any court in India?

Getting passport re-issued for full tenor is v critical for my job as I have to travel overseas frequently (which is why no travel restrictions placed by court). So please advise. I am planning to apply for discharge also.

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5 Replies

Q Slinger (NA) 17 October 2015

If charges are not framed, answer no to the "do you have any criminal cases pending against you"

https://groups.yahoo.com/neo/groups/sif-bengal/conversations/topics/1593

Q Slinger (NA) 17 October 2015

https://zodiac498.blogspot.in/2013/07/passport-renewal-during-498a-proceedings.html

advocatepassy@gmail.com 971794 (Advocate) 17 October 2015

Answer to both questions will be yes. Please take specific order from Court to travel abroad and attach that.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 17 October 2015

Please take proper permission for renewal of passport. There has been atleast one instance in my knowledge, where bail was dismissed of one accused who gave false information in Passport form and his passport was impounded.

Regards,

Shonee Kapoor

www.shoneekapoor.com

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Fight for justice (manager) 18 October 2015

@ Shonee Kapoor, Advocate Vinod - Thanks. I am happy to take permission from court, my concern is that I will get Short validity passport (of 1 year) which will require me to apply for re-issuance every 6 months since most countries need passports with at least 6 months validity. This will impact my job in more ways than one. Is there any instance or precedence that court has allowed to issuance of full tenor passport? (i have HC order removing all travel restrictions).