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498a victim (Manager)     12 July 2016

Renewal of passport pending 498a

dear friends, 

Can anybody post some judgement of criminal court permitting for renewal of passport of person facing trial of 498a.

Thanks.



 17 Replies

umesh   12 July 2016

Please tell me how to.make passport in trial of 498a case new passport

Mukesh sharma (job )     12 July 2016

Hi as my knowlege their no any judgement same that have prevent to you renewl your passport 

 

Sudhir Kumar (Retd Govt Officer)     13 July 2016

search google.

Vidya (ss)     14 July 2016

interesting... 1st of all why do you need this court order?

dont look the issues in electronic microscope....

i am victim of 498 ...my case filed in 2013 still continuing.

my passport about to finish in august 2015 but i renwed it in march 2015 itself.

no one objected and nothing happen.

Inidans are made to find the way...rules are made to bend....if you are not aware of these find an agent...he will do for you.

just go for renwal it will be done happly.

good luck

Dr J C Vashista (Lawyer)     15 July 2016

Ms. Vidya,

This platform can not suggest/advise and encourage any of such illegal activity/ action, as suggested by you, which may help the 498a victim (anonymous author) to mend or break the law of the land or the rules framed by the authorties.

This is highly objectionable statement made by you. I join the experts to strongly condem your opinion and suggestion.

 

Rajendra K Goyal (Advocate)     15 July 2016

Agree with Dr. JC Vashishta ji. No unethical / illegal advise from this platform should be initiated please.

Kumar Doab (FIN)     15 July 2016

Agreed with experts Dr. J.C.Vashista, Mr. Rajendra K Goyal.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 July 2016

I would suggest that when filling the passport form, you fill all the information correctly. A short Validity Passport would normally be issued to you subject to a court order allowing you to travel abroad.

 

Normally courts don't decline such applications when the crime is punishable by a sentence of less than 7 years. (As per S. 437 of CrPC, no conditions can be imposed)

 

You can get the information on  https://passportindia.gov.in/AppOnlineProject/online/faqMiscellaneous

 

I am quoting the relevant part.

  • If a criminal case is pending against the applicant in any Court, he/she can be issued a passport subject to the condition that a written permission granted by the court allowing the applicant to travel abroad is enclosed. Normally a SVP valid for one year is issued, subject to conditions if any, mentioned in the Court order as per GSR 570 (E) dated 25 August, 1993.

 

Hope the information provided suffice.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

1 Like

T. Kalaiselvan, Advocate (Advocate)     15 July 2016

I endorse the vies of experts Dr Vashista, Mr. Rajendra K Goyal and Mr. Kumar Doab.  The replies of this sort may be avoided in future to maintain the sanctity of this portal. 

SAINATH DEVALLA (LEGAL CONSULTANT)     16 July 2016

The irresponsible and unethical replies of members such as "VIDYA" are to be stopped by the forum.This is a decent legal forum represented by by senior advocates and any unethical repies by any one has to be condemned.

Sudhir Kumar (Retd Govt Officer)     16 July 2016

This forum does not hae an intention to preach frauds.

Vidya (ss)     16 July 2016

Well Mr Mr J V Vashista, and all endorced

I am not here to force the people to take the wrong pathway...i am here to advice someone who is struggles. if everyone doing in right way in our country there is no need of law police and other legal systems.

As i am a victim of false 498a and i gone through every possible worst scenarios.

Since i came to know my wife filed complaint, without any call for counseling i approached Higher police officer of district, and explained her intention, 

Conveyed and submitted the proofs to concern police officer to understand and quash the FIR. No result.

Approached high court. No result.

All are not against to me.

But asking to come proper way of legal system.

It’s been 3 years 5 months; the case still not came to trails stage.

 I lost my job and carrier (i crossed age limit for majority of jobs) still my case not finished.

May be at my age of 60 I will win the case with right way of law and order.

As I am Man and born to my own father and mother, I never took any Dowry (which is equal to soil in my sense). But case registered and running in court. 6 RTI applications finished to police department on FIR, Charge sheet. Simply no reply from them.

another case our local present MLA's husband, he murdered someone in front of all world and 7 years he didn’t even go jail.( since 1st day he got bail)’

 But finally on one fine day he punished “life time” and within 6 months his wife become MLA and 8 months after he came out on parole. May be next term he will be MLA …

So our law clearly shows that rules are there, but you need the strength of bending them.

Here there is no legal or illegal, all is strength. If you got it becomes lawful if not there is legal way to finish your life.

Yes, I renewed my passport when I was A1 of 498a under absconding...can you file a complaint and prove it?

When they issued they make sure it looks as legal and lawful. (Here the strength is money).

Our most respected laws are there for torch and enforce on poor people.

I too wish world should be clean and pure, but on the name of that don’t like to scarify my one and only life. (Or any others too).

So to speak and say they are good.

Murderer and family of got murdered fellow going to same court. How many real murderers punishing?

Most interesting here is get punishes or not depends on “lawyer” they engaged.

So for common people like me who cannot effort to pay remuneration for such great lawyers.

But can manage such small tricks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 July 2016

@Vidya,

 

Do you know the repercussions of lying in passport form?

 

(i) Under Section 12 of the Passport Act, 1967 – whoever contravenes the provisions of the Act by traveling without a valid passport, knowingly furnishes wrong information or attempts to alter entries made on the passports or travel documents, fails to produce his/her passport for inspection, knowing uses a passport or travel documentissued to another person or knowingly allows another person to use a passport or travel document issued to him shall be punishable with imprisonment for a term up to 2 years or  with fine up to Rs. 5,000/- or with both

 

So why lead some one on the same path where the punishment on being found out would almost be a certainity?

 

Our Zeal to help others does not mean that we should ask them to do illegal things.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

Vibha   17 July 2016

  1. I have sympathy for both sides in this discussion. 
  2. Being a legal forum advising illegal steps is potentially harmful.
  3. At the same time practical law is very different from what's in the books. If someone were to make decisions purely on basis of what's written in the law it would be impossible to live and function in India. Every aspect of day to day life in India involves illegal activity. For example it is now impossible to buy property in India without having some part of transaction in black. People have to resort to making pragmatic decisions in all sorts of cases, we will all be dead if we sit waiting for courts to decide anything in India.
  4. Since this is public forum both sides of the coin should be presented. Yes it is illegal, yes doing this is risky, but this is India we take illegal risks everyday, I did this and have not faced any problem. This seems like a value added discussion to me.
  5. I am opposed to policing on forum and ganging up to condemn anybody's remarks. Such steps are only necessary if someone is making unnecessary personal attacks. Free and open discussion is what makes me interested in LCI.
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