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sturlas (Employee)     03 August 2009

Ther's criminal pending case, How to get passport

If there is pending criminal case running in the court.

Help me in getting passport procedure



 19 Replies

A V Vishal (Advocate)     03 August 2009

What are the facts of the case, and where are you employed i.e in Private or in Govt

1 Like

sturlas (Employee)     05 August 2009

Thank's for sparing valuable time..

Here are the details of My case . section 324 and 342 .

Our relatives filed case on 8 our family members .

I am  private employee . I have selected for S/W company . Date of Joing is around october .

By the joinin date i need submit my passport.

Please help in that regard

 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     24 September 2009

IPC 324 IS NON BAILABLE, IPC 342 IS BAILABLE..SINCE THE MATTER UNDER TRAIL AND ADJUDICATION. BETTER CONSULT UR ADVOCATE& APLLY PASSPORT FIRST IN TATKKAL SCHEME, LET  U WAIT FOR THE POLICE ENQUIRY, HOW THEY INTIMATE  THIS CASES STATUS TO P.O-

Adinath@Avinash Patil (advocate)     27 September 2009

Better to apply for passport, then police will make enquiry  & decide, I think if case is pending & not listed for hearing , You will succeed geting passport.

B.N.Rajamohamed (advocate / commissioner of oaths)     28 September 2009

Sir,

                     Till you come out acquitted from your case which is pending you cannot get a pass port in view of the Pass Ports Act.

 

N.Ramakrishnan (Advocate/ Senior Partner)     28 September 2009

Dear Mr. Sturlas,

If there is no prohibitory order from any court restricting your movement out of the country, there is no reason why you cannot travel abroad. Mere pendency of a criminal case is not a restriction for applying for passport or travelling abroad. The passport application has a specific column which requires you to give details of the pending cases and documentary evidence thereof. The passport office after considering the nature of the case and after making due enquiries will issue the passport. Thereafter you can travel abroad or take up employment.

However you have to take care to engage a counsel to represent you in the case diligently and also seek exemption from personal appearance before the court by filing a Sec 205 Cr.PC petn. The court is likely to impose some conditions for allowing the petition which you may have to comply. Further the court will also direct you to be present as and when necessary (for questioning, judgment etc) which you should comply.

Thanks,

Ramakrishnan, ADV

 


(Guest)

Till your criminal case is not complete you can not get your passport.

N.Ramakrishnan (Advocate/ Senior Partner)     14 October 2009

Dear Mr. Sathya Prakash & Mr. Raja Mohammed,

Some of my clients who are implicated in very serious offences by the CBI have obtained passports, travelled abroad and even taken up employment. So pls do not confuse the querist.

Thanks

N.Ramakrishnan, ADV

 

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     14 October 2009

Mr. Ramki avl THANKS FOR THE FACTS..

Anil Agrawal (Retired)     16 October 2009

 I quote below extract from the Passport Act. If somebody has obtained passport despite the criminal case pending against him, it must be by suppressing of the fact.

(1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and no other ground, namely: -

(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India:

(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;

(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country,

(d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.

(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause

(c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: -

(a) that the applicant is not a citizen of India.,

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;

(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest. 

Anil Agrawal (Retired)     16 October 2009

  

A gentleman has stated that his clients have obtained passport and travelled abroad while facing criminal charges.

 

I reproduce certain extract from the Passport Act:

 

Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country on any one or more of the following grounds, and on no other ground, namely. Two grounds are:

 (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

 

I also reproduce Section 12 (1)Whoever

(b) knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or

shall be punishable with imprisonment for a term which may extend to 7[two years or with fine which may extend to five thousand rupees] or with both.

 

I have no further comments.

 

 

12. Offences and penalties

(1) Whoever-

(a) contravenes the provisions of section 3; or

(b) knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or

(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or

(d) knowingly uses a passport or travel document issued to another person; or

(e) knowingly allows another person to use a passport or travel document issued to him,

shall be punishable with imprisonment for a term which may extend to 7[two years or with fine which may extend to five thousand rupees] or with both.

 

 

 

12. Offences and penalties

(1) Whoever-

(a) contravenes the provisions of section 3; or

(b) knowingly furnishes any false information or suppresses any material information with a. view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or

(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or

(d) knowingly uses a passport or travel document issued to another person; or

(e) knowingly allows another person to use a passport or travel document issued to him,

shall be punishable with imprisonment for a term which may extend to 7[two years or with fine which may extend to five thousand rupees] or with both.

 


(Guest)

Dear Ramakrishna ji,

 

It is a fact.

 

Whether a person is implicated in a criminal case or not the out come of Court's judgement knows. 

 

I wonder when CBI charge sheeted ; without permission of the Court how they obtained passports and travelled ; got employment in abroad? 

Anil Agrawal (Retired)     17 October 2009

 Simple. By suppressing the fact. If somebody complaints, another simple solution would be jail.


(Guest)

Agrawal ji,

Good suggestion.


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