Definition of criminal proceedings pending in court

Consultant

Hi,

I need to know what time onmwards I need to declare that "criminal proceeding pending in court against me". Background is that my wife filed a criminal case against me through an FIR. I was arrested and produced in the court next day.I was granted unconditional bail. Since than police hasn't filed a chargesheet and so no case started as of now and I haven't received any summons till now. Now, my passport has come up for renewal and I have to declared if there is any criminal proceedings pending against me in any court? Can I claim that no criminal proceeding are pending against me as no chragesheet is filed against me in any court.

I have read an high court judgement where Kolkata HC agreed that Criminal Proceeding can not be said to be pending until Megistrate has taken cognizance and that happens under CrPC 173 when police submits chargesheet. Case initiation happens only with the Cognizance by Megistrate.

I feel confident to declare on affidavit that no criminal proceedings are pending against me at the moment. Please give me your advice.
 

 
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Advocate/ nadeemqureshi1@gmail.com

contact a lawyer personally
 
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U r right, at the moment u can claim that no proceeding are pending as judge Will decide about charge sheet

 
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