Passport noc
Querist :
Anonymous
(Querist) 14 January 2018
This query is : Resolved
I have 2cases prnding against me though these are falls but it will take time to prove in court... 1year yet not completed..
1- ipc u.s 497,323,341, 34
2- ipc u.s 323,325,506,341
I need the passport as i attached with theatre and drama to go outside india...
Can anyone please give some example or copy who get the noc of passport from the court. I am going to apply a noc to the court so it will help mea lot..... please rply.
Vijay Raj Mahajan
(Expert) 14 January 2018
Criminal cases pending against you, ask your advocate to move application for getting NOC from the trial court for travelling outside India. The Order of court on whatever condition can get you passport on terms and conditions with regard to time limit etc. as mentioned in the court order.
P. Venu
(Expert) 14 January 2018
You can apply for the passport in terms of the Notification G.S.R. No. 570(E), dated 25.08.1993. The said Notification could be accessed on the Net.
Ms.Usha Kapoor
(Expert) 15 January 2018
While agreeing with the above two experts i'm stating the following case excerpts which would be useful as per Notification 570(E).of The Central Government regarding issue of passports
While agreeing with the above experts on granting of passport in accordance with notification GSR No. 570(E) I state as follows laid down in this case.
perusal of the impugned order challenged in this criminal revision, I find that the learned Judge of the court below has formed the opinion for refusal to grant permission to the petitioner for obtaining passport on two grounds: first, there is no provision in the Code of Criminal Procedure for granting "No Objection Certificate" in favour of the petitioner for obtaining passport and secondly, there is possibility that the petitioner may abscond if he goes abroad after obtaining passport. In this regard I would like to point out that it is entirely the discretion of the learned Judge of the trial court to grant or refuse permission to the petitioner for the purpose of obtaining passport on consideration of the nature and gravity of the charge levelled against the petitioner, conduct and antecedent of the petitioner and the genuine need of the petitioner to go abroad in connection with research work of International Water Management Institute. It is also relevant to record that the present petitioner did not make any application for obtaining passport in order to go abroad during last nine years of his assignment with the International Water Management Institute i.e. from the year 2005 to the year 2014. However, in view of the Notification No. G.S.R. 570 (E) (25- August- 93) Citizens of India Exempted from the Provision of Section 6 (2) (f) of the Passports Act, 1967 issued by the Ministry of External Affairs in exercise of the powers conferred by Clause (a) of Section 22 of the Passports Act, 1967 and in supersession of the Notification of the Government of India Vide Notification No. G.S.R. 298 (E) dated 14th April, 1976, the Presiding Officer of the Criminal Court has the authority to grant permission to any accused person to obtain passport for going abroad.
While agreeing with the above experts on granting of passport in accordance with notification 570(E) I state as follows laid down in this case.
perusal of the impugned order challenged in this criminal revision, I find that the learned Judge of the court below has formed the opinion for refusal to grant permission to the petitioner for obtaining passport on two grounds: first, there is no provision in the Code of Criminal Procedure for granting "No Objection Certificate" in favour of the petitioner for obtaining passport and secondly, there is possibility that the petitioner may abscond if he goes abroad after obtaining passport. In this regard I would like to point out that it is entirely the discretion of the learned Judge of the trial court to grant or refuse permission to the petitioner for the purpose of obtaining passport on consideration of the nature and gravity of the charge levelled against the petitioner, conduct and antecedent of the petitioner and the genuine need of the petitioner to go abroad in connection with research work of International Water Management Institute. It is also relevant to record that the present petitioner did not make any application for obtaining passport in order to go abroad during last nine years of his assignment with the International Water Management Institute i.e. from the year 2005 to the year 2014. However, in view of the Notification No. G.S.R. 570 (E) (25- August- 93) Citizens of India Exempted from the Provision of Section 6 (2) (f) of the Passports Act, 1967 issued by the Ministry of External Affairs in exercise of the powers conferred by Clause (a) of Section 22 of the Passports Act, 1967 and in supersession of the Notification of the Government of India Vide Notification No. G.S.R. 298 (E) dated 14th April, 1976, the Presiding Officer of the Criminal Court has the authority to grant permission to any accused person to obtain passport for going abroad.
While agreeing with the above experts on granting of passport in accordance with notification 570(E) I state as follows laid down in this case.
perusal of the impugned order challenged in this criminal revision, I find that the learned Judge of the court below has formed the opinion for refusal to grant permission to the petitioner for obtaining passport on two grounds: first, there is no provision in the Code of Criminal Procedure for granting "No Objection Certificate" in favour of the petitioner for obtaining passport and secondly, there is possibility that the petitioner may abscond if he goes abroad after obtaining passport. In this regard I would like to point out that it is entirely the discretion of the learned Judge of the trial court to grant or refuse permission to the petitioner for the purpose of obtaining passport on consideration of the nature and gravity of the charge levelled against the petitioner, conduct and antecedent of the petitioner and the genuine need of the petitioner to go abroad in connection with research work of International Water Management Institute. It is also relevant to record that the present petitioner did not make any application for obtaining passport in order to go abroad during last nine years of his assignment with the International Water Management Institute i.e. from the year 2005 to the year 2014. However, in view of the Notification No. G.S.R. 570 (E) (25- August- 93) Citizens of India Exempted from the Provision of Section 6 (2) (f) of the Passports Act, 1967 issued by the Ministry of External Affairs in exercise of the powers conferred by Clause (a) of Section 22 of the Passports Act, 1967 and in supersession of the Notification of the Government of India Vide Notification No. G.S.R. 298 (E) dated 14th April, 1976, the Presiding Officer of the Criminal Court has the authority to grant permission to any accused person to obtain passport for going abroad.
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Dr J C Vashista
(Expert) 16 January 2018
Sorry, no reply for anonymous author.
