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Surya (Manager)     31 October 2012

Passport seizure - 498a nri traveling to india

Hi,

My wife filed false 498a and 406 cases against to me. I am an NRI and planning to travel to India in Dec.

I was working in US and got just 3 weeks of vacation. I am trying for AB before traveling. After getting AB, If I travel to India, what are the chances of seizing my passport by police, if my wife complains that I'll escape to US.

If my passport got seized, how long it is going to take to get back the passport and what would be the procedure to get the passport back. I am from Andhra Pradesh.

I really appreciate your suggestions on this issue.

Thanks!!

 



Learning

 9 Replies

anil yadav (ns)     31 October 2012

mr. surya aap india naa aayiye

Nitish Banka (lawyer)     31 October 2012

The police can move an application for cancellation of AB as there is resonable apprehension that once you go out of country you will not return.

Nitish Banka (lawyer)     31 October 2012

try for quashing the FIR

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 October 2012

Surya,

 

The apprehensions are ill founded. If you get AB w/o travel restrictions, you are free to travel in and out of the country.

 

Also, there are 100s of NRIs who are travelling in and out of country at free will despite cases against them.

 

Regards,

 

Shonee Kapoor

2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 October 2012

Cancellation of bail is very difficult and can only happen if the conditions of the bail are flouted.

 

Regards,

 

Shonee Kapoor

2 Like

Sudhir Kumar, Advocate (Advocate)     31 October 2012

all you have to convince the court that you will not flee the case if allowed to go out of india


(Guest)

Much depends on the conditions of the AB. AB is conditional upon the accused/applicant complying with the conditions mentioned in the order. If the court mandates you not to leave the country without the permission of the court, you need to act accordingly. You should discuss with your lawyer the prospects of quashing on the FIR.


Ashish Davessar

 

Advocate

Supreme Court of India

Punjab and Haryana High Court

1 Like

Elahi S M (Piping engineer)     13 February 2014

HI brother,

Am in a same situation, please guide how you have come across this issue.

K*I*L*L*E*R (tech)     13 February 2014

once u come to india or if ur in india police will seize ur  passport being an NRI

so its very difficult to get bail condition relaxation until ur case is quashed


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