Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Taranjeet (n.a)     23 December 2012

False dowry act ruined my career

Hi 

My self Taranjeet, 22 Year old. I was living in Australia with my brother and his wife. I was doing Bach. of Law.  my bhabi filed a false case against My family ( elder sister, mother brother and me). she filed case at that time when we were suffering form gigantic up n down. we came to india for my death cremation of my dad in india on 15 feb 2011. after 10 days of my father's death, My elder sister's husband passed away.

in short

my brother went back to australia on 20 appril 2011 because he was the only earner left for our family . on 9 May  Police came at our home and arrested Me, my mother and sister(widow). FIR was logged on 27 april 2011. 

they imposed acts i IPC , section 498a, 323, 406, 506, 504, 34. I Got regular bail from district court on very first day of appearance in court. but passport was held with court. 

its almost now a 2 years that case still has no face... my career is under threat as i was only 20 and builind my career. Can anyone Please tell me how can i get my passport back?? 

or

they are not ready for compromise. my brother is declared as PO. Is there any way we can appeal to high court? Because we are genuine and we have all proofs with us with legal documents. 

or

I want my Passport back and want to go back to australia to continue my studies.with grant from court ?

 

 



Learning

 4 Replies

Taranjeet (n.a)     23 December 2012

That post was in short. i can provide full detail. BUt my main aim is to know that 

HOW CAn i get my passport back. and how much money will be spent on it.??

Shantilal Pandya ( Advocate)     24 December 2012

You can apply the court to relex the seizure of your passport mentioning every thing that has happeaned  with you .and  request the court to grant permission to leave india on the grounds stated by you  the court may return your passport subject to suitable conditions.

rahul (manager)     24 December 2012

 

I found the below article on LCi forum, it was posted by some expert, I forget who. If the below is correct, then can Taranjeet use the same to get his passport back?

Even the Court cannot impound a passport.

 
In our opinion, even the Court cannot impound a passport. Though, no doubt, Section 104 Cr.P.C. states that the Court may, if it thinks fit, impound any document or thing produced before it, in our opinion, this provision will only enable the Court to impound any document or thing other than a passport. This is because impounding a passport is provided for in Section 10(3) of the Passports Act. The Passports Act is a special law while the Cr.P.C. is a general law. It is well settled that the special law prevails over the general law vide G.P. Singh's Principles of Statutory Interpretation (9th Edition pg. 133). This prinhttps://www.lawweb.in/2012/12/even-court-cannot-impound-passport.htmlciple is expressed in the maxim Generalia specialibus non derogant . Hence,impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing.

Supreme Court of India
Suresh Nanda vs C.B.I on 24 January, 2008

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register