noc from magistrate court for passport application


Dear all,

we have been involved in a family dispute in which the oppposite party has lodged an fir against me for trespass into their property the police has chargesheeted us,the matter is pending  in the magistrate court,now i want to apply for passport one question in the form is whether there is any criminal proceedings against you in any court in india if yes please get an noc from the competent court that the court has no objection towards you in obtaining a passport and travelling abroad.therefore my question is 1)what do we do?2)if we put a request before the magistrate under what provision can he give me an noc?3)is he empowered to do so?i am also consulting a lawyer these are his questions too.please help me by answering the following.thanx a lot

 

 
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advocate

PL INSTRUCT UR LAWYER TO FILE A SIMPLE PETITION SEEKING A NOC FOR PASSPORT BEFORE THE MAGISTRATE CONCERNED SUPPORTED BY AN AFFIDAVIT SWEARING THAT U SHALL NOT MISS USE THE OPPORTUNITY OR FLEE AWAY AND SHALL APPEAR BEFORE THE COURT AS AND WHEN ASKED FOR AS WELL AS U SHALL FACE THE TRIAL.
 
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Is it civil tresspass or criminal tresspass?
 
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advocate

AS FIR WAS FILED AND THE CASE IS CHARGE SHEETED IT IS A CRIMINAL TRAPSS PASS.
 
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Advocate

When FIR is filed against somebody will the court give NOC even after filing a petition?

 
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Could you send me the sample of the petition that you got issued from the court?

 
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HR assistant

Thogh it is very late to say any thing in the year 2011 but still it can be applied at any stage:

First of all if a criminal case is pending against the applicant for passport, a NOC from the trial court is the necessity as per Passport form Page 1.

But if a person is on bail pending trial and no restriction of his movement was imposed by the court then the court must issue him the requisite NOC as per the guidelines/judgement by the apex court where it was decided to not to curtail his right to travel abroad even if he was convicted in any offence and his appeal is pending before the court. but here a person has only been charged and not convicted so how can the trial court not issue NOC?

Individual have to file a writ before the High Court if trial court is not adhering to the precedent set by the apex court and refuse to entertain NOC prayer.

Regards.



Attached File : 9 9 right of a convicted person to travel abroad.doc downloaded 754 times
 
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