Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay Sharma (none)     25 June 2014

498-a acquittal from sessions court, passport still held

I was acquitted in 498-a case from Sessions Court in May. My passport was held by JMFC since July 2010. Sessions court ordered release of bond securities.

I applied for release of bail bond and passport. Though State Lawyer appeared in JMFC court and gave statement that appeal in HC would not be filed, JMFC court is not releasing passport mentioning that appeal may be filed in HC by complainant (wife), hence he himself granted another date one month later.

I may kindly be noted that my wife files false Police complaint u/s 498-a in order to have my passport impounded and to ruin my career. The complaint at Police Station was vague, but prayer was very specific "Impound passport and not to allow me to travel abroad".

I am really frustrated at this Judicial System. How can I get my passport released? Can I file an application directly in the HC for release of passport? How? Under what section of CrPC?? What Article of Constitution of India?? Please help. In case there is a format of application, please provide.

Thanks in advance!



Learning

 1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2014

Dear Ajay

as per your queries my opinion is as under

How can I get my passport released?

Opinion: File an application for release the passport along with the SC/HC judgments, The court is not empowered to attached your passport.

Can I file an application directly in the HC for release of passport?

Opinion: yes you can file a writ but it will be better to file an application before trial court regarding this, if the trial court reject your application then file a revision petition before revisional court.

How? Under what section of CrPC?? What Article of Constitution of India?

opinion: Article 21 of Constitution of india provide the right to travel and its your fundamental right.

Feel Free to Call


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register