Issue of passport , when criminal case is pending
mahek soni
(Querist) 11 February 2012
This query is : Resolved
There is a case under sec 498 (a) against my brother pending the court since 2006 . I am the third accused in the case, the other 2 being
1- my brother
2- my mother
My passport has expired and i was given permission by the court to renew my passport for 1 year. I want to obtain passport for 10 years validity.
Is there a legal precedence for the court to give me permission for a 10 year validity passport.
Either details of any other case where court has given permission for renewal of passport for 10 years inspite of having a criminal case pending.
Please let me know.
ajay sethi
(Expert) 11 February 2012
GOVt of india has issued notification dated 25th August, 1993,. under said notifcation an applicant against whom a criminal case is pending, is required to obtained necessary permission from the Criminal Court and then make an application to the passport authority.
in your case court has permitted you to renew passport for only 1 year . it is as per the notification issued by govt of india . you cnnaot get passport for 10 years
ajay sethi
(Expert) 11 February 2012
judgment of Bombay High Court in Deepak Dwarakasingh Chhabria v. Union of India1.
9. As seen from the above-referred judgment, the Government of India, by notification dated 25th August, 1993 granted exemption to the citizens against whom proceedings in respect of an offence alleged to have been committed by them are pending before a Criminal Court in India and who produce order from the Court concerned permitting them to depart from India, from the operation of the provisions of clause(f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely,
(a) the passport to be issued to every such citizen shall be issued; (i) for the period specified in order of the Court referred to above, if the Court specifies a period for which the passport has to be issued; or (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;
(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period of validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.
(b) any passport issued in terms of (a)(ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not traveled abroad for the period sanctioned by the Court; and provided further that, in the meantime, the order of the Court is not canceled or modified;
(c ) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh, order specifying a further period of validity of the passport or specifying a period for travel abroad;
(d) the said citizen shall give an undertaking in writing to the passport authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued."
ajay sethi
(Expert) 11 February 2012
www.indiankanoon.org/doc/13736/Cached
ยท
Andhra High Court
Smt.Deepa Paresh Chedda, vs The Secretary To Government, on 2 August, 2010
THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY
Writ Petition No.27295 of 2006
02-08-2010
Smt.Deepa Paresh Chedda,
W/o Paresh Chedda, Barkatpura, Hyderabad
The Secretary to Government,
External Affairs, Government of India,
New Delhi and others
Counsel for the Petitioner : Sri Raja Gopalan Tavi
Counsel for the Respondents: Mr.P.Ashok Goud (Asst. Solicitor General) Mr. T.K.Sreedhar
Deepak Nair
(Expert) 11 February 2012
Dear Mr.Ajay,
Thanks for throwing light on this. I could learn something new today.
ajay sethi
(Expert) 11 February 2012
thanks for your appreciation deepak
Sankaranarayanan
(Expert) 11 February 2012
really mr sethi given his valuable time for you, credit goes to him.
Rajeev Kumar
(Expert) 11 February 2012
Absolutetly Mr.Sethi abundantly guided you
Raj Kumar Makkad
(Expert) 11 February 2012
I also endorse the views as expressed above.
Shonee Kapoor
(Expert) 12 February 2012
You have been guided well enough.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
