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Undertaker (Software Engineer)     15 February 2010

Court Case pending- Can i get a passport?

I am working for a software firm and may be required to go abroad. i was thinking of applying passport. Problem is that I have a court case pending. Here are the details-

 

Judge found some contradiction in complainant's statement and dismissed the 156(3) section of code of criminal procedure. However, 34, 294, 354, 448 and 506 sections of Indian Penal Code are still pending. It's been 18 months since the case was lodged and so far judge has not issued summon against me. All this information I have obtained is through Internet and via a source at the court. So legally, I am not even aware that a court case is pending against me. 

 

Can I directly apply for a passport? or do I need an NOC from judge. if yes, what is the procedure? i have also heard that i can also get passport without police verification. Is it possible? The case is registered in Delhi and I am currently in Bangalore due to work. Where shall I apply for passport?

Thanks..



Learning

 11 Replies

Suchitra. S (Advocate)     15 February 2010

Indian passport Act says one cannot apply for passport if summons or warrant has been issued against the applicant. So, in this case, I think you can apply. But police verification is necessary. You can apply at Bangalore. But passport authorities have the discretion to withold your passport if they come to know you are required by a Court in a criminal case pending against you.

Daksh (Student)     15 February 2010

Dear Mr.Undertaker,

Your post itself says that proceeding enamating out of Section 156(3) of Cr.P.C has been dismissed meaning thereby that initially there might have been some complaint before police who has not registered First Information Report - subsequently the proceedings u/s 156(3) seeking direction from the court regarding registration of case have failed as such there is no proceeding pending adjudication against you.

Best Regards

Daksh

Daksh (Student)     15 February 2010

Mr.Undertaker, Pendency of proceeding cannot be a ground to deny the issuance of pass port to you - and you have a right to approach the High Court in its Writ Jurisdiction for the same. Best Regards Daksh

Hardik Mehta (Family Counsellor)     17 February 2010

Undertaker,

Just check if the complains are still pending against you, since 156(3) is dismissed, ideally the whole case is dismissed. So in that case, you can apply for the passport. There is no need to worry. Inquire this first and then take the appopriate steps.

Undertaker (Software Engineer)     17 February 2010

The other sections are still pending as of now.. I have orders of this month and the next date is in March. The case has been lodged to put pressure on me n my family. Even the judge knows the case is false. The complainant and his counsel are just using tactics to delay the proceedings, so that we pay him in an out of court settlement, out of fear. The events mentioned in the case actually never happened.. judge found contradictions but didn't dismiss  the whole case :(. So that's where the problem lies.. Now legally I can claim that I am unaware of the case.. because I only came to know through a source.. But seeing the fines & penalty mentioned in passport form.. I am a little concerned.. I don't want another problem at this stage.

So my question is "Is the case pending?" Do I need an NOC from magistrate? Thanks to everyone who has commented. Much appreciated. 

Anil Agrawal (Retired)     17 February 2010

If a case is pending (summons/warrants received from court) you have to mention it in the passport appln form. Court has no jurisdiction to direct PO to issue you a PP. Court comes into the picture when passport is refused to you.

Please remember one thing. Hiding the facts of courts cases etc. is a criminal offence. Please read this section, consult your lawyer and act as per his advice:

 

Section 6 under which the passport authority is empowered to refuse a passport. Apart from other conditions, I mention the following two of them, i.e.

 

(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; 

Undertaker (Software Engineer)     17 February 2010

Sir,

I am confused.. I have not received any summons/warrants from courts. Do I need a 'no objection' certificate from magistrate before applying for passport.. I just want answer for that..

 

Thanks..

Suchitra. S (Advocate)     17 February 2010

Sir, obtaining "no objection' certificate is not the requisite thing to apply for passport.

Bharath.T. (Criminial And Civil)     04 January 2011

Just apply for passport with the facts about your pending case.

The passport authorities will guide you further.

If it's rejected, then go to the court.

Thanks & Regards

Anil Agrawal (Retired)     28 October 2011

There is a condition in the passport form:

Are any criminal proceedings pending against you before a court in India? If so, give name of court, case number and relevant sections of Law.

If he answer is Yes, please furnish No Objection Certificate from competent court for grant of passport.

Unless summons have been served, one will never know that a criminal case is PENDING against him.

kapil (DIRECTOR)     04 June 2015

Hello!

There is cheating case againt me in delhi and i am on court bail. Trial is going on.

I want confirm that i have to make my passport on urgernt basic. Its possible in this condition whther i am facing a trial of an cheating case.


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