jdben1o (Owner) 12 February 2012

Passport seizure: crpc 439 (2)

I passport of British Citizen (having dual citizenship) was seized by the police and session court rejected the application for return of the person. The person was arrested u/s. IPC 468 and some more sections.

Now to get the passport the application has been filed with High Court.

Should he get the passport inspite of criminal case pending against the same person?

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 February 2012

Depends on the gravity of the allegations and role attributed to him under the FIR.

Kiran Kumar (Lawyer) 12 February 2012

technically the police cannot seize a passport, it has to be by the Passport authorities only....find the procedure in Passports Act :)

jdben1o (Owner) 13 February 2012

Thanks for replying.

Allegations are of creating forge documents and getting the divorce decree in his own favour.

The sections applied are 498(A), 506, 114, 465, 466, 468, 471, 494 of IPC 1806 as well as sections 3 and 7 of the Dowry Prohibition Act.

Shantilal Pandya ( Advocate) 21 March 2012

The high court would not normaly order return of the passport since the siezure would be in the discretion of the trial court who has best judgingg matreial to support or otherwise justifiability of his action

Shantilal Pandya ( Advocate) 21 March 2012

Originally posted by :Shantilal Pandya

the court can seize the passport since it is a measure to secure the presence of the accused and is indepandent of any civil rights of the accused , imagine a situation when the court has jurisdiction even to sieze (custody of the accused himself) then what to talk of a passport ?

The high court would not normaly order return of the passport since the siezure would be in the discretion of the trial court who has the best judgingg matreial to support or otherwise justifiability of his action more over the magistrate concerned has jurisdiction to permit an accused to leave india