Section crpc 107?
Sumit Mandal
(Querist) 23 February 2024
This query is : Resolved
Hello there is an incident took place in may 2022. Me and my dad was out of our home and my mother was alone for about 2 hours and by taking that chance out neighbours attacked my mother and snatched some jewelleries. After I came home without knowing anything or gathering any proof I went to my local police station to make a complain against the neighbours but as one of the member of those neighbours work as a cibic volunteer, next day police came and forcefully said that we're acting.
And after that few days later we got a notice from court with crpc 107. Then an advocate misguided us and make us pay the penalty and made us convicted & guilty without letting us know. Now I've applied for the passport without mentioning about my crpc107. I got an objection notice from passport authority saying that I have a pending criminal case "Charged with Criminal Proceeding or any arrest warrant/summon pending". Now I wanted to know is this CRPC107 matters this much in any government matters such as passport application and does crpc 107 legitimately make any criminal record by pleading guilty, if yes then for how long?
Will it gonna interfere with VISA application too?
T. Kalaiselvan, Advocate
(Expert) 24 February 2024
Section 107 Cr.P.C aims at ensuring that there be no breach of peace and that the public tranquility be not disturbed by any wrongful or illegal act.
You have already paid fine admitting your crime and pretend as if you are not knowing anything about it and blaming an advocate for misguiding it.
There was no necessity for you pay fine even if told by the advocate , whereas you wanted to escape the consequences hence you have paid the fine and got out of the case.
Now you have suppressed this information in your passport application too.
Therefore you are required to give an explanation
Sumit Mandal
(Querist) 24 February 2024
Respected T. Kalaiselvan, Advocate, I was 19 in 2022 Never went to the court related to any criminal cases or others. That thing happened so quickly and I also asked to the advocate as far I remember. He said nothing but "it'll be closed and you wouldn't have to come again". I didn't asked him related to passport application or others, that's what I did wrong. But as a lawyer he should've mentioned those to me as I'm facing several issues due to that. And another thing, I didn't paid any fine or money to him. My father went to that lawyer and did this without knowing much. That's why I said he misguided us.
T. Kalaiselvan, Advocate
(Expert) 24 February 2024
Once the crime has been admitted and you have paid the fine amount, then there is a criminal record against your name, you may have to be careful on such subjects at least hence forth
Sumit Mandal
(Querist) 24 February 2024
Could you please elaborate any solution of my situation sir? Or atleast to whome I should consult about this matter like can a convicted crp107 person get a passport? I mean a guy who never did any crime is suffering 🥲
T. Kalaiselvan, Advocate
(Expert) 25 February 2024
Since this is a petty offence, it could have been admonished, but the problem is that you suppressed this information in your passport application hence it has developed to this extent.
However you can approach high court with a writ petition seeking direction to the concerned passport authorities to issue passport with any condition that may be imposed for issuing the passport
