• Is NOC required for passport renewal if 498a Case is stayed ?

A 498a complaint case is registered against me in the SDJM court directly in 2013. We have filed a petition for quashing of this case in the high court after the revision is not allowed in the Session Court. The high court made a stay for the proceeding in the lower court and the case is still going on in the high court. Till now bail is not required for me. 

What shall I write in the below mentioned question in the passport application form ?
 Q. Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending before a court of India ? 

Do I need to disclose this in the passport renewal form ? Do I need a NOC form the court for passport renewal application.
Asked 7 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

Hi

Since there is a stay for proceedings order issued by the high court, technically you need not mention anything in the passport application form about the pending criminal case.

As such the court proceedings are stayed by the high court and hence there are no pending criminal proceedings or any arrest warrant or summons pending before a court in India.

Even assuming you wish to disclose the fact of a case filed against you in your passport renewal application, as per GSR 570(E) dated 25 August 1993, issued by Ministry of External affairs, permits issue of passport to applicants who have pending criminal cases against them for a period of 1 year OR as per orders of the court. So even if you choose to disclose the complaint case in your passport renewal application, you will be issued a renewed passport, but for a period of 1 year.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Yes, you must inform the pendency of the 498A case in the apssport renewal for as on its discovery later your apssport would be impounded.

If the authority ask for permission from court you can apply for the same from local court. it is generally allowed.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1)since FIR is registered against you in application form mention that you have been charged with criminal proceedings

2) you need to disclose details

3) applicant against whom a criminal case is pending, is required to obtain necessary permission from the Criminal Court wherein his case is pending and then make an application to the passport authority.

4)

Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 (hereinafter referred to as Act) empowers the Passport authority to refuse to issue a passport or travel documents for going abroad in the event the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.

notification issued by the Ministry of External Affairs, New Delhi dated 25th August, 1993 in GSR 570(E). The relevant extract of the notification reads thus:- "No, GSR 570(E) In exercise of the powers conferred by clause (1) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.(E), dated the 14th April, 1970, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub section (2) of Section 6 of the said Act. Subject to the following conditions, namely;- (a) the passport to be issued to every such citizen shall be issued -

(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of (a)(i) and (a)(n) can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the Laid citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued".

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1) complaint must have been filed under section 156(3) of cr pc to direct police to investigate and submit report

2) based on police report magistrate would direct issue of summons against you

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Hi

To add to my earlier reply please find the news article in today's news papers

http://www.thehindu.com/news/cities/chennai/HC-directs-passport-officer-to-reissue-passport-to-Khushboo/article17388248.ece

http://www.newindianexpress.com/states/tamil-nadu/2017/mar/02/authorities-directed-to-re-issue-passport-to-khushbu-1576468.html

http://www.deccanchronicle.com/nation/current-affairs/020317/renew-khushboos-passport-directs-madras-high-court.html

‘Pendency of criminal cases is not a bar or embargo for the respondent to re-issue the passport to the petitioner with fresh pages in her passport’

The Madras High Court on Wednesday directed the Regional Passport Officer here to process actress Khushboo’s application for reissue of passport in her favour.

Justice B. Rajendran was passing orders on a petition filed by the actress seeking quashing of the passport officer’s December 28 order by which her application for re-issue of passport was returned.

“This court is of the view that the order of return passed by the respondent, refusing to re-issue the passport to the petitioner on the ground that criminal cases are pending against her, cannot be legally sustained. The respondent is therefore directed to process the application of the petitioner and to re-issue or renew the passport in her favour, if it is otherwise in order.”

The judge also directed the actress that in the event of going abroad, she shall get necessary permission from the Madurai bench of the high court where ‘quash petitions’ filed by her are pending by indicating the date of departure from India, date of return, among others, besides intimating the court concerned of her itinerary.

The judge said it is well settled that pendency of criminal cases is not a bar or embargo for the respondent to re-issue the passport to the petitioner with fresh pages in her passport.

“This is more so that there are three cases, according to the petitioner herself, registered against her and they are in various stages. Therefore, till the conclusion of the criminal proceedings, the petitioner cannot be denied the benefit of the passport which has validity till 08.03.2022.”

The judge said a central government circular relied on by the respondent in the counter states that passport can be issued to those persons who are facing criminal trial subject to certain conditions stipulated in the notification.

“Thus, it could be evident that there is no specific objection raised by the respondent for re-issuing the passport to the petitioner.”

The application was returned only by citing the pendency of the criminal cases against her, “which cannot be said to be a bar or embargo for her to get the passport re-issued in her favour,” the judge said.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. The proceedings before the SDJM court are criminal in nature and governed by the criminal procedure code.

2. If the charge has not been framed then you can answer in negative the first question, but if summons or warrant was ever issued then you got to answer this in affirmative.

3. NOC is not requires from the court for passport renewal. The discretion of RPO will come into play here.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. A criminal cae is pending agaisnt you hence you are liable face prosecution. Though this case might have been taken directly on file by the court itself, it is confirmed that a criminal case is pending against you.

2. You have to reveal this fact in the application for renewal of passport.

The court has to give NOC for renewal of passport.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Though the case is filed directly before the court, the prosecution has to follow the procedures in this regard in all aspects.

From the initial questioning, framing of charges, prosecution evidences, cross examination, defence witness, final argument etc are to be followed a s prescribed in law.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer