cpc

passport impound while working abroad


Hi I am frame in false 498a case. Chargesheet filled in case, but so far summons server. Last week I received show cause notice from regional passport office. It says why they should not impound my passport on the grounds that a criminal case is pending against me. They invoked passport act 10(3)(e). I am afraid they may impound my passport whatever my response may be. someone informed local embassy will inform my employer, once passport is impounded. what are my options in case my passport is impounded. Can I apply for stay in court before hand. on the basis that supreme court directed not to impound passport in 498a cases
 
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Hi Om,

Thank you for patiently sorting all the important queries.  Please find the replies as below.

1) whether you are at present in India or abroad.
> I am abroad now. 

2) where did you receive the show cause notice of PP office, related with the impounding of your PP.
> To my permanant address in India.

3) Are you on bail at present.
>Yes, I am on bail. And bail doesnt have any restrictions. 

4) impounding of your PP depends on your reply of the show cause notice.
>Passort action 10(3)(e) clearly states that passport authority has rights to impound if criminal case is pending.

>How can I defend this case. 

5) when did you receive the existing PP in India.
>My passport was renewed last year in abroad itself. Not in India

6) when were you implicated in 498a by your wife.
>This year january. FIR was registered without any counselling or mediation.

7) when did the charge sheet filed in the court.
>It seem to have file don July according to ecourts status. No summons received..

 8) did u take permission of the court before travelling abroad to work.
>Nope Because my bail doesnt have restrictions. I was told that I can go back to work in aborad.



 

 

 
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I received station bail. In the bail application my address in abroad is mentioned. This case is in andhra. In andhra 498a is compoundable and bailable.
 
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I am not oversmart but smart enough to not give wrong information when asking for advice. The fact is that we never attended court so far. I am
 
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I am not oversmart but smart enough to not give wrong information when asking for advice. The fact is that we never attended court so far. Bail is given at ps. Waiting for summons from court. Possibly i am being misguided by police or so.
 
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On 4) I understand passport office has authority to impound. But what about supreme court directives that passports of NRIs shoud not be impounded routinely
 
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