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vivekmehta   07 October 2015

False 489a and passport taken by police

Respected Sir,

Wife filed false 498a
Court granted us all AB
As condition of AB, police took my passport

Now in order to get passport back, my lawyer is saying he would need to file application in court, followed by arguments (by both parties), followed by court order.
We will have to submit bank guarantee (in rage of 2-10 lacs) in order to get the passport.
I will have to submit the passport back in police station after coming back and re-apply if I want to travel again.

Just wanted to check if what my lawyer is saying is the right process in Gujarat (I live in different state), or if there is another way. Can I get passport for longer period (or once and for all)? 

Any information will be highly appreciated.  



 12 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 October 2015

Personal liberty can’t be deprived (Under Article 21 of Indian Constitution) for mere allegation. You have right to travel abroad. Please see the conditions of AB. If these conditions deprive your right to travel abroad then file writ petition (mandamus) in Constitutional Writ Jurisdiction of High Court of your state to get back your passport. Please do this Party-in-person (Without Advocate). Sample writ petition is available in my profile links. You need to draft it as per your case.

FightForCause (Businessman)     08 October 2015

Vivek,

Police and Court dont have authority to impound your passport for long.

They can do so for the course of Investigation and then return the same to u.

If you are going for business purpiose through your employer, then submit the invite letter and Visa details to the court.

Also prepare a application to release your passport u/s 21 of Constitution of India and attach following Judgements in your argument.

Also mention that ( if u are serving in a company ) that you are an employee of particular company and work here for your livelyhood, so there is no question of absconding .

Equivalent Citation: 2009CriLJ1062
IN THE HIGH COURT OF CHHATTISGARH
Decided On: 03.12.2008
Appellants: Pushpal Swarnkar
Vs.
Respondent: State of Chhattisgarh


 

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.179 OF 2008
[ARISING OUT OF S.L.P (CRL) 3408 OF 2007]
SURESH NANDA: APPELLANT
VERSUS
C.B.I.:RESPONDENT

1 Like

(Guest)

You have to seek permision each time you want to go abroad.That is it.Please note bail is bail.Bail is always attached with some conditions and one of them is always not to travel outside india without leave of court. You have tocope with this

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 October 2015

Originally posted by : Dr Rajendra K Gupta
You have to seek permision each time you want to go abroad.That is it.Please note bail is bail.Bail is always attached with some conditions and one of them is always not to travel outside india without leave of court. You have tocope with this

 

I disagree with the above statements: - 

 

Bail can be conditional or unconditional. If it is unconditional then you don't need permition from the court to travel abroad. If conditional then you can challenge it to HC to make it unconditional. 


(Guest)

498A comes under heineious crimes.If copurt thinks that accused may port out of India to avoid trial the court puts condition to depsoit passport, This is more so incase of technically qualified like in IT and young persons who are likely to leave coutnry.There is nothing worng in putting such condition. Weare still after Dawood Abrahim and Lalit Modi and the union Carbide people to bring them back for trial.There are so many othercases of fugitives. So dont take it personally. Seek permission from polcie/court if you have to go abroad. What is worng in it?

Sudhir Kumar, Advocate (Advocate)     08 October 2015

Originally posted by : Dr Rajendra K Gupta
You have to seek permision each time you want to go abroad.That is it.Please note bail is bail.Bail is always attached with some conditions and one of them is always not to travel outside india without leave of court. You have tocope with this

many accused do get permission of the court to travel abroad.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 October 2015

Originally posted by : Sudhir Kumar


Originally posted by : Dr Rajendra K Gupta



You have to seek permision each time you want to go abroad.That is it.Please note bail is bail.Bail is always attached with some conditions and one of them is always not to travel outside india without leave of court. You have tocope with this





many accused do get permission of the court to travel abroad.

 

 - - - - - Because they may not have proper knowledge. 

Sudhir Kumar, Advocate (Advocate)     08 October 2015

can he travel abroad without passport? can he get passport without permission of court?

Anand   08 October 2015

It depends greatly on the conditions of the bail order passed by the judge.

Most judges usually pass an order stating that the "accused will not leave India without permission of the court"

If that is the case in your AB order then you will have to seek the courts permission to go abroad and a notice will be sent to the PP of your state and he will oppose the same in court with some basic arguments like "The accused might abscond and not return back to India" 

Your lawyer will then also make his arguments with various points and then there will be a judgement on the matter.

The judge may impose any restrictions on the plea, like asking you to deposit a fixed sum of money in the court as a surety that you would not abscond in the case, or deposit property documents and/or impose any other conditions.

He will also take into account your reasons for going abroad, as if you are an NRI with a job abroad you cannot be deprived of your right to continue working.

If you are not happy with the judges order it can be appealed in a higher court.


(Guest)

What discussion is going on here.Adds no value to topic neither to general public visiting LCI

498A fighter (tutor)     09 October 2015

@Dr Rajendra K Gupta

Sir what are you doing and how?

Sorry to say AAM ki baat hoti hai aur aap ANGUR ka expalantion dete hai, if you are not expert in law please dont misguide, unless in such type of serious 498A cases----

I am facing 498A since august 2009 till now each and every tactis related to it i followed===

you write -- i went abroad and free even not took permission I am on BAIL,,,,,

sir if are not aware of legal facts and law please dont waste your time and others by your not legal solution real needy misguide and come in more confusion,,,,

for time pass please go on other plateform and choose the subjects of your own intrest...

very sorry for such saying,,,,,but please please please....... you are bujurgh and adarniya,,,, kahi aisa na ho koi aa kar kuch jada kah jaye,,,,


(Guest)

Law and courts dont have solutions to every thing . Law can only reprimand and punish for offenses.Instead of passing judgement on well wishers who take time ,read querist statements and give their opinion in good faith and for best welfare of querist, the querist should just ignore if the advise does not suit his taste. You want to hear what you have made up in your mind

No lawyer can help you through this forum.You have to get active assistant from a local good advcoate and he will take care of your rights  to his best capability.

I had earlier also hinted that you control your impuslive and foul speakign nature which coulod be probaly casue for all what is happening with you. You are basically a good person but impulsive and having uncontroleld tongue.That also we have found to be case in many couple fights.Just cool down and introspect as suggested.

No point contuinuing argumetns with you. Somany persons have given you so wide advise. Now filter and take it whateveris useful to you.


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