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Ipc 85(1)

(Querist) 15 April 2016 This query is : Resolved 

Hi,does IPC 85(1) impact passport ?
Actually I went out with my friends in a dhaba.Me & my 2nd friend did not do anything, no one touched me & i didn;t touched anyone,we were standing outside the hotel gate & the hotel manager quarreled with one of my 3rd friend near hotel gate & police forcefully caught 3 of us and filed IPC 85(1).Now case is gone to the court and we have not done anything.Will court clear us with no guilt as we are not criminals and we don't have any case before also and will it impact passport ?
P. Venu (Expert) 15 April 2016
There no IPC Section 85(1)! Section 85 reads as follows:

Section 85. Act of a person incapable of judgment by reason of intoxication caused against his will

Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law: provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
Rohit Nagawade (Querist) 15 April 2016
Ok, does sec 85 impact passport ?
Rajendra K Goyal (Expert) 16 April 2016
take help of some lawyer and prove yourself as innocent.

Passport may be issued subject to police verification / court orders.
Devajyoti Barman (Expert) 16 April 2016
It will not put any impact on the issuance of passport.
A. A. JOSE (Expert) 16 April 2016
Yes, if criminal proceedings are pending, police clearance may be delayed.
Rohit Nagawade (Querist) 16 April 2016
And what if the criminal proceedings are pending ?
Rohit Nagawade (Querist) 16 April 2016
And what if the criminal proceedings are closed ?
A. A. JOSE (Expert) 18 April 2016
How the criminal proceedings were "closed" and what was the final order ?
Rohit Nagawade (Querist) 18 April 2016
It is not yet closed, we are trying to close it with no guilt and pay only fine.
Rohit Nagawade (Querist) 18 April 2016
Hi All, please give me a clear reply if it will impact passport ?
A. A. JOSE (Expert) 21 April 2016
Dear Mr.Nagawade,

When you are not clear yourself about the outcome of the pending criminal proceedings, how can you expect others to give you clear reply. Please note that pendency of criminal proceedings may delay police clearance and consequently the passport too.


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