• Permission for passport

I want to know if a criminal case is pending at dj court, at which court one hacve to apply for permission of passport
Asked 7 years ago in Constitutional Law

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12 Answers

n 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.

you have to apply to dj court where your case is pending

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

format of undertaking to be given to passport office

UNDERTAKING

(to be submitted on plain paper as per provisions of GSR. S7O(E) dated 25.08.1993)

I am applying/have applied for passport with the following

details:

(a) Name

(b) Date of Birth :

c)Father Name:

(d) Mother's Name :

(f) File No. / ARN No. : Date:

(if available)

2. The Criminal case(s) with following details is/ are pending

against me:

(a) Case No

(b) Name of Court

(c) Details of Investigating :

Agency

(Please provide details of Police

Station/ Investigating Officer, etc.)

(d) Last date of hearing :

(e) Next date of hearing :

3. I hereby undertake that I shall, if required by the Court

concerned, appear before it at any time during the continuance in

force of the passport so issued.

(Signature of the Passport applicant)

Contact no.:

Date:

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

i disgaree court in which criminal case is pending will grant permission not the HC

2) 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
96803 Answers
7810 Consultations

I have already reproduced notification issued by central govt dated 25tg Aug 1993 under section 22 of passport act which provide application has to be made to court wherein criminal case is pending

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. You do not require the permission of any court to apply for passport. Evan an undertrial has to apply for passport in the normal manner by filling up the application form and delivering it to RPO.

2. If RPO refuses to issue the passport to you due to your disclosure in the application and/or adverse police report then you can challenge that order in the High Court.

3. Unless the offence is heinous or there is a reason to believe that you may not come back to India after you get the passport and leave India, RPO should ordinarily allow the application.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Your lawyer is right. The decision of RPO can be assailed only in the High Court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Just fill up the application form on the website of passport office and then submit it and then wait for the order of RPO.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. it is not clear why and when your apssport is seized.

2.if it is done as per the order of bail then either the sessions court or the high court u/s 439 crpc can pass order of relaxation of bail.

3.It is wrong to say that only high court has power to pass cuh order.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

You can apply for passport with the passport office itself.

You can mention the details of the pending criminal case in the application form.

The passport authorities will direct you with fuhrer steps in this regard.

You do not have to apply for permission before any court even without getting a nod from the passport authorities. .

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

my area passport office is jaipur

First apply for passport with complete particulars with the jurisdictional passport office.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

my local lawyer says that only highcourt can give permission while i dont think so , please clear so that i can proceed, if possible please recomend any lawyer who have experiance of these type cases

You dont have to contact any lawyer so soon for this.

You first apply for passport with complete details of the pending criminal case. The passport authorities will guide you further on how to process the application and how to obtain the court's permission and by which format etc.

For this you dont need the help of any advocate.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

KINDLY INFORM UNDER WHICH SECTION I HAVE TO APPLY AND UNDER WHICH SECTION CJM COURT HAVE POWERS TO HEAR MY CASE, IND IF CJM IS NOT IMPOWERD THEN KINDLY INFORM WHICH COURT UNDER WHICH SECTION WILL DO JUSTICE FOR ME

If the criminal case is pending in any judicial magistrate court, you may be required to obtain permission of that court only.

But before that let the passport authorities direct you to get the permission of court after which you can go ahead.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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