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S.G.PRASAD (content analyst)     05 January 2010

Can I apply for passport Ifi Iam in 498a case

Can I apply for passport If iam in 498a case. Iam filed as  4th accused in this case.



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 16 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 January 2010

 u can apply, when police enquiry time u should give a declaration to that effect. 


(Guest)

Dear Prasad,

What is the status of your case? You can apply for the passport. But your application form may keep in pending till the verdict pronounce.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 January 2010

You can apply and your application shall be duly considered as this is not a henious offence and still it is pending. There is no legal hurdle to issue the passport to you.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 January 2010

 I GO WITH RAJ JI.

Anil Agrawal (Retired)     07 January 2010

 No. You can't apply. I beg to differ with friends. 

In the passport application form, you have to verify that you have not received summons as a witness or warrant to appear in a criminal case. If the answer is in the affirmative, passport officer will refuse to issue the passport.

If information is suppressed, it invites criminal action involving imprisonment. Section 6 sys:

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; 

Hardik Mehta (Family Counsellor)     14 January 2010

I agree with Anil, but there is the way out to get apply for your passport.

 

You need to approach the court with the application to give the No Objection Certificate from the court to apply for the passport since the criminal case of 498a is pending against you. The passport authorities also knows about this mence and your declaration with the NOC from the court will allow them to issue the passport even if there is the rule under Passports Act. If the lower court rejects the application, you need to go to the Higher Court.

Anil Agrawal (Retired)     14 January 2010

 Yes, that is the way. What I meant was not to apply when summons/warrant has been issued against you and don't suppress this information in the PP application form. Then it becomes an offence.

If court grants you permission, please apply by all means. In an earlier posting, a gentleman said that even when criminal cases were pending against his client, he obtained the passport. Obviously the information about summons/warrants was suppressed and passport officer has before granting the passport no means of verifying it. The trouble starts when he comes to know about it. Think of the consequences then. Do we try to fool ourselves?

aatma   14 January 2010

FYI...

When an ordinary citizen get baseless 498a problems they have to think so many issues about the passport. Because they want to be honest. How far they want to be honest that far  they will get screwed by the system.  Law abiding citizens have no other options, they always get harassed by all means. While high rank officers enjoy in their corrupted world.

Regional Passport officer held in city for taking bribe

CHENNAI: The anti-corruption branch of the Central Bureau of Investigation on Friday arrested Sumathi Ravichandran, Chennai regional passport officer (RPO), for allegedly taking a bribe of Rs 9,000 from a passport applicant through a tout — a travel agent in T Nagar.

Her husband, R Ravichandran, a health officer in Chennai Corporation, was arrested on Saturday for engaging the touts. Two touts — Fathima Muzaffar, director of Ahmed World Travels and daughter of former IUML MP Abdul Samad, and Raju, owner of Raja Travels in Triplicane — were also arrested. A case was registered under Sec 120B (criminal conspiracy) and Sec 8 of the Prevention of Corruption Act, 1988.

Sumathi and Fathima were produced before K Naganathan, principal special judge for CBI cases, at his residence on Saturday and remanded in judicial custody. Sumathi told the judge that the case was foisted against her, and requested that she be admitted to a hospital as she was suffering from severe back pain. However, the judge said adequate medical facilities were available at Puzhal prison. Ravichandran and Raju are yet to be remanded. Raju was arrested by the city police last year in a fake passport case.

Following Sumathi's arrest, CBI sleuths raided her residence at
AspiranGarden in Kilpauk and seized Rs 5 lakh cash, documents pertaining to immovable properties worth Rs 1 crore, bank deposit receipts for Rs 4 lakh and documents pertaining to investments in shares, mutual funds and insurance policies in her name and those of her family members. From a locker maintained in a family member's name, officials seized 92 sovereigns of gold jewellery. 

Anil Agrawal (Retired)     14 January 2010

 The problem is what is baseless for us is not so for courts. Once booked, there is no way to escape except through the rigours of process of law (time, money, bribery, energy etc. etc.)

Being caught for taking a bribe of a paltry sum of  Rs.9000 is a bigger crime. The amount has lowered the dignity of the post she was holding. Crime should be of royal proportion!

vijayan (lawyer)     31 January 2010

A citizen can apply for Indian Passport irrespective of the 498A case. But on police verification you can reveal the facts about the pendency of the criminal case(s). When a criminal case is pending , police report would be negetive and you will not get the passport till the end of the case. After the disposal of the case and if the case entered in to aquital, you can approach the passport office by submitting the judgment of the court.

Anil Agrawal (Retired)     31 January 2010

 It is not a question of revealing to the police. The information about summons/warrants has to be mentioned in the passport application form.

After being in possession of this information, the passport officer sends it to the police for verification, well good luck.

Kanniappan (Later)     07 April 2013

How passport  officer will come to know a case of 498 a pending at different address, or different state ? is the case information available on every indian state?

Rahul (PRIVATE)     29 November 2013

Hi Hardhik,


In case I get NOC from court, can I get passport with validity of 10 yr or I will get for 1 year. What is the way to get it atleast for 2 year. please reply your valuable suggestion.


(Guest)

Hello Rahul.

You may refer the FAQ Police verification section of the Passport Seva, Ministry of External Affairs. (https://passportindia.gov.in/AppOnlineProject/online/faqPoliceVerification).

It is mentioned there, that if a criminal case is pending against a person in any court, the person can be issued a passport subject to the condition that a written permission is granted by the court allowing the person to travel abroad. Normally a short validity passport valid for one year is issued, subject to conditions if any, mentioned in the Court order as per GSR 570 (E) dated 25 August, 1993.

Prior to 1993, the Passport Authority had the right to blindly reject passport requests for Husbands suffering with false ‪498A‬ cases. Now, with an NOC from the court, the Passport Authority can NOT reject the passport application of the Husband “ON THE GROUNDS THAT A CRIMINAL CASE IS RUNNING” though other grounds of rejection would continue as it is.

Normally in cases like this, the passport is issued for a short duration like 1 year only, subject to conditions if any, as stated by the Court.

 

-Regards

Advocate Pooja

www.lawkonect.com


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