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filing of 239 or 245

Querist : Anonymous (Querist) 24 May 2011 This query is : Resolved 
bank lodged complaint for recovery in 2008. AB granted in 2009 but passport handed over to IO as per court order. In 2010 deposited the bank amt in court & furnished surety. From then on no further investigation has taken place. In January 2011 IO transposed my passport to passport authority. Passport officer wants either an acquittal judgement or court order to release my passport. No chargesheet is yet filed by IO. What do i do to come out of this legal problem? Please advice.
Devajyoti Barman (Expert) 24 May 2011
You can file a petition before the Magistrate for necessary direction upon the Passport Authority.
But for that you should wait till submission of the charge sheet as before the submission of charge sheet the court generally does not allow such petition except in some extraordinary circumstances.
M.Sheik Mohammed Ali (Expert) 24 May 2011
yes, i do agree expert reply
Sarvesh Kumar Sharma Advocate (Expert) 24 May 2011
agree with barman's view!
PALNITKAR V.V. (Expert) 25 May 2011
You have to satisfy the court that you genuinely need the passport and also that you will not jump the bail.
M/s. Y-not legal services (Expert) 26 May 2011
Yes.try to convince the court and get back your passport..


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