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NOC for passport

Guest (Querist) 01 August 2009 This query is : Resolved 
"A person is required to take a NOC from the concerened court if there is pending criminal case, for getting passport."
My question is,
What is the procedure for getting such NOC?
Shall I file a petition asking for the same? (if yes under which section or with what title)?
Any affidavit required to be given with the petition?
How the court issue NOC? Does the court write it in order that the court has no objection or it issue separate NOC?
A V Vishal (Expert) 01 August 2009
I don't think there is any such procedure wherein the court will issue an NOC to an accused in a crime for purpose of Passport. Further, the Passport office doesnot entertain applications of persons with criminal background/undertrials. In my view there is no such provisions under Passport Act to issue Passport to persons with Criminal backgrount/proceedings. Views of other Learned members are solicited.
Guest (Querist) 01 August 2009
Dear Vishal don't mind ...please do not make loose coments like this... what you think is not the matter....what is the position of law matters....please go through the Passport Rules...
A V Vishal (Expert) 02 August 2009
Jewel

Those were not loose comments, I pretty well know what I think doesnot matter, but, at the same time I think the way any prudent man would think, simple logic being that if an accused/undertrials were to be given NOC then on what grounds would the court grant it since the trial is underway, however, I wish to draw your attention to the Passport Act(not rules)S.6 which states the disqualification for issue of passport kindly refer Clause 2 sub cl.e,f & g.

I am sending the link to the passport Act http://passport.gov.in/passport_act.pdf , kindly refer and if I am wrong kindly mention under what clauses you believe that a NOC may be issued
Khaleel Ahmed (Expert) 03 August 2009
File a petition before the court where the proceeding is pending. The court may pass order for the same.You can file the order of the court with your passport application.
Guest (Querist) 04 August 2009
Dear Vishal.. Please go through any passport application FORM first... then concerened rules....
A V Vishal (Expert) 08 August 2009
Act supersedes rules


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