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amarjeet (none)     05 April 2013

Need help urgent

hello,

i am amarjeet from mumbai .. i have a criminal case against me @ the metropolitan court of andheri ...

frm last 2 yrs.. i had done a robrey in 2010 and was later on caught by the police  then the police filed me with sections 379/380 ... fr robrey  .... i confesd my crime and all the money wwas recoverd .. it was around 1lkh rupes...

it was my frnds house i did the robery ....

so his mom never wnted to file a case aginst me .. but she cudnt do any ting as the police said they are been given oders frm higer authotities and have to put me to the court ... so the case is put on me by midc police station nt the lady whose house i broke into ... now she is redy to take the case back as she dsnt wnt to file ne cse aginst me realising i was jus 20 yrs old and it was a mistke .....she is redy to give me the affidavite as wel tht she dsnt wnt to run a case against me .....im out on bail ... the next court hearing is on 9th november .... and i cnt have a passport until then i gues .. so can sum1 help me wat to do as i ned a passport very urgnt i have to give my ielts exam ,.....its gona ruin my carrrer ... summ plss healp me pls thnxx



Learning

 6 Replies


(Guest)

 

First make it clear that, both Sections 379 and 380 of The Indian Penal Code are of 'Theft' not of 'Robbery'.

Section 379: Punishment for Theft

Section 380: Theft in dwelling house, etc.


Any criminal case is always registered by Police on behalf of the State.

A crime is always considered to be committed against the State.


Offence under Section 379 IPC is compoundable by the owner of the property stolen with the permission of the court. As you have already confessed the Crime, therefore, on the 9-11-2013, the woman can apply for permission of the Court for compounding the offence.

BUT

Offence under Section 380 IPC is Non Compoundable, if the offence under Section 379 is compounded then prosecution for offence under Section 380 IPC may be withdrawn under Section 321 of the Criminal Procedure Code, 1973.

OR

As you have already confessed, you can also go for Plea-Bargaining [under CHAPTER XXIA of CrPC] for both the offences under Sections 379, 380 of IPC.

amarjeet (none)     05 April 2013

the passport seva customer service says i need  to add my case detils on the pasport issue form ... so do i need to get a noc frm the court as well ? well can i gt it ? cus the women anyway is gone drop the case ....!!


(Guest)
Originally posted by : amarjeet

the passport seva customer service says i need  to add my case detils on the pasport issue form ... so do i need to get a noc frm the court as well ? well can i gt it ? cus the women anyway is gone drop the case ....!!

 Yes! It is mandatory to mention case details on the passport application form.

 

(1) If you are released/acquitted from the Court, then you won't need to get NOC from the Court, but you will still have to mention the case in passport application form. And you will also need to keep judgment/order of the Court of your release/acquital, becasue while Police Verification for passport, the Police officer who visits for verification may require you to produce the judgment/order of the Court.

 

(2) But if you apply for passport while the trial is pending, then getting the permission of the Court is mandatory. Apart from mentioning the case in passport application form, you will also need to get permission/NOC from the Court where trial of your case is being held and is pending. But it will be on the discretion of the Court that whether to permit you or not. If you get permission, then you will need to keep the papers of the permission, because the Police officer verifying details in passport application form may require you to produce it.

Sudhir Kumar, Advocate (Advocate)     06 April 2013

agreed with expert above.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 May 2013

Unless you clear the pending criminal case no passport can be issued.

amarjeet (none)     12 August 2013

hii jus spoke to my frnds mom ,.... and she is redy to giv an affidavite to the court dat she wasnts to withdraw the case .// the nxt date is on 13th november /// is i gt the afidavte bfre dat wil my case be withdrwn frm the court?  need help ! i need a lawyer too so dat i can close the case by this november ! thnx


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