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Regarding applying passport

(Querist) 27 April 2016 This query is : Resolved 
Hi

Recently my brother made a car accident while he driving a car, He hit a guy who crossed the road in bike, luckily the guy in bike is slightly injured & doing good now. But he filed a case against my brother and FIR raised. Now my brother got a onsite opportunity and he is in the need of applying passport. And in the passport application there is a question " Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending
before a court of India? " Whether Here my brother need to specify regarding his case & FIR number . If specified there will be a issues in receiving the passport ?
Pls advice

H.M.Patnaik (Expert) 27 April 2016
FIR filed is only a allegation and no charge sheet has been prepared, so proceeding is pending what to talk of arrest warrant or summons. So you can file the Passport application stating NO .
SIVA (Querist) 28 April 2016
Hi H.M Patnaik

Thanks for your suggestion...
Rajendra K Goyal (Expert) 28 April 2016
Never submit a wrong reply to questionnaire. Till date if you are not charged with criminal proceedings or any arrest warrant/ summon pending before a court of India, you can right no, if such is not the situation you should not hide.

Try to have amicable settlement with the person.
T. Kalaiselvan, Advocate (Expert) 05 May 2016
The case is pending at FIR stage or trial stage, hence there is nothing wrong in mentioning 'No' for the present


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