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Time taken for criminal case closure after judgement

(Querist) 21 March 2016 This query is : Resolved 
Dear Experts,

I wanted to apply for re-issue of my passport. However I have a criminal case(IPC 279,337 and 338) against me related to a motor bike accident which happened a year back whose judgement will be delivered within this week.

My query is -
1) After how many days does the court take to close the case after judgement(conviction/acquittal) - i was told there is 90 days appeal period so is this the window?
2) Since i want to apply for re-issue of 10 year passport and I dont want to take the NOC route for "pending" criminal cases, when is the right time to apply(for the passport) after judgement of the case so that the passport authorities see the case as "closed" and not "pending" ?

Thanks
Devajyoti Barman (Expert) 21 March 2016
1. It takes lot of years to conclude a case. If your case has not started trial s yet then to wait for its ending is not a good idea.
2. Apply for NOC.
Gunner89 (Querist) 21 March 2016
Dear Barman Sir and other experts,

My trial is nearing its ending..have already finished hearings(recording of statements, IO etc.)- only final arguments between prosecutor and defense is left now judge has told she will deliver verdict this week and thus the case closure.

Kindly advise on how much time it takes for court to update the records as "closed" and not pending keeping in mind the 90 day appeal period since i want to apply for reissue of passport without having to deal with any pending cases against me.

thanks
P. Venu Online (Expert) 21 March 2016
Any suggestion depends upon the verdict of the Court. A better option for you would have been to plead guilty; it could have been speedy and the least expensive.
Gunner89 (Querist) 21 March 2016
thanks Venu Sir. There were some merits in my case which made me fight the case than plead guilty.

But please let me know how much time does court take after judgement day to close the case(including 90 day appeal period)
dev kapoor (Expert) 21 March 2016
hi'
In this kind of cases the plea is always taken on behalf of accused that accused is not required for ' custodial investigation' as such no lawful purpose will be served to lodge the accused in judicial custody.....obviously therefore if your lawyer can show jjmnts of this ur bro is to be released on bail. sure
Rajendra K Goyal (Expert) 21 March 2016
If acquitted, you can proceed after appeal time is over.
Ms.Usha Kapoor (Expert) 18 June 2018
I agree with Venu's opinion.


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