cpc

passport release 498a

Technical Head

Hi All, I was framed in a false dowry case in Gurgaon by my wife and her family and, during my bail, since her lawyer insisted that my passport be taken on file so I couldn't *flee the country*, I was asked to deposit passport within 10 days of bail which I did! I have a 10 years US Business VISA and have made a couple of foreign visits regarding work.

 

Now, 9 months have filed since FIR and bail, chargesheet was submitted within a month of FIR. Till now, the charges haven't been framed and my passport is languishing on file.

 

My lawyer recently filed a "bail condition relaxation" application for release of passport with trial court which the judge rejected saying I might flee the country. The judge is very new and young, having joined only 2 months back, and has been giving dates after every 4-5 days without any progress on the status.

 

My lawyer even showed a few judgments of supreme court under passport act showing that courts can't impound passport but only seize it for some time. He also argued that since the investigation was over 6-7 months back when the challan was filed, I be given back my passport since I need to travel for work.

 

Now, I need to appeal this decision in Sessions/High Court/Supreme Court!

 

I would like some help/guidance on the following:

1) Why do the trial court judges keep impounding passports left and right even when supreme court judgments are already in place regarding the same?

2) Where do I appeal this order and what are the normal lawyer charges for making such a Criminal Rev. Petition in Sessions? I can't directly go to the High Court?

3) Does someone have any Bail Relaxation Petition template for Passport Release? 

4) The case is completely made up and false, should I appeal for a quash or should I stand trial and let the case run down by itself?

 

Would appreciate any inputs very much! Thank you!

 
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1.go to revision court for this issue.
 
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Against the magistrate's order you can move to Session court .
 
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Lawyer in Hyderabad.wats app no.9989324294

Appeal to sessions court.

 
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Legal Evangelist - TRIPAKSHA

You may go in revision against the said order. As for charges and all, every lawyer charges as per his standing in the court,

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Total likes : 1 times

 
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Technical Head

Thanks Guys! This "revision", is it to be done in Sessions Court of Gurgaon or Punjab Haryana High Court?

Is there some restriction that if sessions doesn't pass favorable order, then you can't appeal in a higher court?

Another question, I have been given evidence date in 498a, can I seek personal exemption under 205/273 till cross or 313 happens?

 
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Legal Evangelist - TRIPAKSHA

1. You may go in revision in Session Court or High Court, both have concurrent powers. However, I would advise to go in Court of Sessions.

2. You may challange the Session Court order in Writ, if it goes against you.

3. You may file for exemption, but the court has the sole power to grant it. It is not a matter of right.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

 

 
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Technical Head

Thanks Shonee, you are an invaluable help.

 

I will be seeking the below listed relief from the Sessions Judge! Points 1 & 2 can be filed under Sections 439(1)b. But What about Point 3? It should be sought under section 205 or 273 or 317? The trial judge will fix charges in 1-2 days (I just need to sign, arguments are over) and has given date in nov. for starting Evidence.

 

I read in a Andhra High Court judgment that S. 273 requires that the evidence shall be recorded in the presence of the accused unless his presence is dispensed with u/s. 317, Cr.P.C. So which section to file application to sessions judge for point 3? Point no. 3 is linked to Points 1 & 2 very closely, so separate application for it doesn't make any sense. Please advice.

 

1.  Waiver of bail condition impounding Petitioner’s Passport

 

2. Waiver of bail condition of not travelling abroad without Court’s permission

 

3. Personal Exemption from Attendance till petitioner’s personal presence is considered necessary by the trial Court since travelling abroad may affect the normal pace of trial if petitioner’s personal attendance is insisted upon on each & every date

 
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Legal Evangelist - TRIPAKSHA

You may file exemption u/s 205 CrPC and give an undertaking that the evidence taken in front of your counsel would be binding on you.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
 
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