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Imran A (IT)     28 June 2015

Passport renewal under family cases

Hi Experts,

Need your sincere advise 

1. There is an FIR on Me and my parents for 498a, chargesheet not filed yet in the last 4 months. Anticipatory Bail received U/S 438 Crpc and the same is disposed by the Court.
2. DV Act, 2005 against me and 3-4 hearing have passed
3. CrPc 125 against me, received the summon and the first hearing is yet to come.

Amidst all this, my passport expires in 6-7 months and I need to apply immediately for renewal. What should i answer for the question in the application form - ''Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending before a court of India? ''. 

I am very confused with this question in the application form. What roadblocks do these cases put in the passport renewal and visa issuance OR foreign travel purposes. 

Please give your sincere advise.



Learning

 5 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     28 June 2015

State the fact that cases are pending of yours. If by chance you conceal the facts and your passport is verified and it's found that u suppressed material facts u could further land up in legal proceedings. Regards Adv.Nikkhil Seth 9867264707 Mumbai
1 Like

Imran A (IT)     11 July 2015

Thank You Sir,

Since both Crpc & DV are of civil nature, does that cause in delay or any roadblock in passport renewal. I know from our system that Police would wait for such a chance (kind of Bakra) and cause unnecessary troubles. Please suggest something. 

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     11 July 2015

You must take a police clearance prior to filing your renewal of passport. So that, you may not face further issues. Please consult a criminal law experts before acting.

Suresh AV (NA)     20 July 2015

Dear Imran

I have more or less same problem like yours. Please go through my recent post 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=124166&offset=1#.VavzwPmqoV4

I have read in MEA site that while reissuing (not to confused with renewal) there is no need of PV/PC but I am not sure if police are still following this. 

There are rays of hope although experts can shed further lights on this.

Suresh

Imran A (IT)     21 July 2015

@Suresh AV: Thank you so much for you help. Yes it does give some good news. 


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