Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Q Slinger (NA)     08 July 2013

498a Passport Seizure and Retrieval process

Dear Experts:

My wife filed 498a (DP 3 and 4) on my family (mom, dad and brother) and me. As with many 498a cases, the case is false and not much in terms of accusation. The police impounded our passports and they are now with the trial court.(Malkajgiri Court, Hyderabad)

My lawyer filed a petiton in the trial court for my brother's passport and that was rejected. I asked my lawyer to file the petition in Sessions court (LB Nagar, Hyderabad) and the date for the argument is on the 11 July.

Now my query is

1. Was I right in asking my lawyer to approach the sessions court instead of the High Court?

2. Should I get him to withdraw the petition in the sessions court and file it in High Court or continue with Sessions Court? 

3. If the petition gets rejected in sessions court, I heard the chances of petition passing in High Court is slim. Is that correct?

4. If the High Court rejects the petition, can I approach the High Court again with a new petition?

5. Which is the best way forward for getting back my mothers and my passport? Is it to go straight to High Court or to go to trail court first and then to other courts?

 

Your expert opinion is much appreciated. 

 

Regards



Learning

 3 Replies

Reformist !!! (Other)     09 July 2013

Hi Slinger,

Police and court cannot impound passport. As per the law, only Passport Authorities i.e Ministry of External Affairs can impound your passport.

There are n no. of judgements on this. Your lawyer is not guiding you well that means. Also, check a judgement of Meneka Gandhi (Yes the Menka Gandhi of Gandhi family). This is the judgement link for you :- https://www.indiankanoon.org/doc/1766147/

G
o through the judgement, attach the same in session court with ur petition and if judge rejects in session court then go to HC.

ALSO, Pls join SIFF Hyderabad immidiately.

tarun (software engineer)     09 July 2013

yes only the passport authority can impound a passport, read bothfor better understanding.

Maneka Gandhi case - Article

Maneka Gandhi vs Union Of India - Complete Judgment

 

You should take the effort to know the law for your lawyer is Just another case for you its personal, so you just can't be so relaxed

Q Slinger (NA)     09 July 2013

Hi 498awedding Gift and Tarun:

Thank you for your input. Yes its a widely accepted fact that courts or police cannot impound the passports. Unfortunately, the conditions of the bail are that bail is given if the passport is surrendered. The Maneka gandhi case, although a good judgement, hardly works even when quoted. I say this from others who have experienced the same.

My main question is, do I continue in Sessions court or retract the application before the hearing and apply in High Court.

P.S: I am actually an active counsler at SIF Hyderabad, but unfortunately, the knowledge around passports is not much and hence I have had to turn to this forum. I am pseudonym because I don't want the opposite party to know my strategy or my intentions. 

 


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