|Originally posted by : victim of marriage
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.
You don't need to worry about it.
To be straight and frank, don't be confused. The answer you have asked for is already there in your question.
Pending Case is that when the case is at court until the resolution.
Be assured, POLICE CASE (arrested, jailed, freed on bail) without chargesheet filed at court is not a PENDING COURT CASE.
As you are freed on bail in a case where is the alleged offense is not such a serious one like related to National Security or any murder like heinous crime, you shouldn't be confused about this part.
No need to contact any Lawyer.
The Passport Application is asking you about PENDING CASE AT COURT, not about PENDING AT POLICE STATION.
No more confusion shall be there. A case at Police Station that hasn't reached the COURT with CHARGESHEET is NOT A PENDING CASE AT COURT.