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exact definition of criminal proceeding pending in a 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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LAWYER

In my opinion, dont write no criminal proceedings...

read the passport application....it is also talking of FIR filed against you...

Dont take any chance of telling any lies....you will spoil your career for life time

The Police officer shall take objection to issuance of passport, then u hv to file an application for 

issue of passport...there are judgement...engage good lawyer....you will get passport

 
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Consultant

I understand that I can't write that no criminal case is pending against me. Both section 6 and section 10 of Passport act says that Passport can be refused or impounded if "proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.  Now it is very clear from definition of "criminal proceedings pending in criminal court"  that such proceedings start only when a Megistrate takes cognizance of the alleged offence and in most of the case, where investigation is triggered with an FIR, it happens with the filing of chargesheet under CrPC 173.  So unless chargesheet is filed, it can not be said that criminal proceeding are pending in front of a criminal court. Case is still at investigation stage.

Please go through following judgement of Kolkata HC. Kamal Kumar Narottam Dash Pareks vs Superindentents. It makes following statement   "

  The proceedings that reaches the Court in course of investigation cannot be held to be a "proceeding pending

in a Court." Such proceedings remain still at the stage of investigation, and gets transformed into a

"proceeding pending in a Court" only, and if, cognizance thereof is taken by the Court.

30. Under these circumstances I do not think the writ petitioner made any mis-declaration on the allegation for

which notice to show cause was issued against him.                               

 
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Advocate/ nadeemqureshi1@gmail.com

contact a lawyer personally

 
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Advocate

I think you may proceed with the application for Renewal of Passport since there is no criminal case pending against you before a court of law as on the date of your application for renewal and affidavit thereon.
 
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Consultant

Thanks Kalaiselvan,

Yes I think I can make that declaration. Though I'll have to be careful with the wording of my declaration.

 

 

 
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Consultant

Thanks Kalaiselvan,

Yes I think I can make that declaration. Though I'll have to be careful with the wording of my declaration.

In fact I have come across many SC judgement since making first post which says, no criminal proceedings until cognizance of the offence by Megistrate, which essentially is submission of chargesheet.

 

 

 

 
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Consultant

any more opinions on this please?

 
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Consultant Adviser Cyber Security

Originally posted by : victim of marriage
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.

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.

 
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