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498a victim (Director)     12 April 2015

498a quashed, case still pending, passport renewal?

Hi, Hon'ble High Court of MP quashed all of the criminal proceedings against my family and I in February this year. However, the district court judge has been postponing the final hearing by a month every time there has been a hearing date scheduled for him to drop all charges against me based on the order passed by the Honorable High Court.

In the meantime, I filed for passport renewal last week and have scheduled an appointment at the PSK for next week as my career aspirations require me to have my passport ready and available for international travel.

I have declared the status of the criminal charges against me in my passport application and I am going to produce the 482 order before the Passport Office on my next scheduled appointment. My concern is that the criminal case is yet to be quashed by the judge of the district court (and thereby execute the HC order).

Does this situation prevent me from getting my passport renewed during police verification, etc? If yes, is there a mechanism for me to follow that would help me avoid getting my renewal application get rejected by the RPO?

I'd truly appreciate some expertise on this situation.



Learning

 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 April 2015

Sir, See the order of the High Court, according to me HC generally pass´┐Ż order that the proceedings emanating from the FIR be set aside ... Warm Regards . Kapil Chandna Adv 9899011450

Advocate Ravinder (Advocate/Attorney)     12 April 2015

If the Dist judge is going on giving dates.  You have to file advancement petition praying the dist judge to advance the date  to quash the case in accordance with the High Court order.  You have to narrate the reasons of urgency to advance the date of hearing.  If your Advocate argues properly your case will be quashed immediately.  Basing on this quashing, you have to approach passport office by furnishing a certified copy of the order of quashing of the Dist judge.

S.Sankarasubramanian (practcing advocate)     12 April 2015

Dear brother,

Immediately consutl your advocate to get direction from the High Court  and get proper relief.

 

                                                            S.Sankarasubramanian, advocate

SAINATH DEVALLA (LEGAL CONSULTANT)     12 April 2015

U R an accused but not convicted, PP renewal should be a hinderance with the case.

T. Kalaiselvan, Advocate (Advocate)     16 April 2015

You have tom wait until you are cleared of the criminal cases against you for renewal of passport or the same may likely to be rejected.


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