I have maintenance case pending. Marriage not last long 1 Month. After 1 year wife filled Maintenance case 125 and 12DV in family court. I dont have any child. Judge order in last hearing pay interim maintenance 11000 which i cant pay. 498A/406/34 FIR registered 1 year ago. Charge sheet not submitted.Bail get rejected twice from some reason. IO said " Mai bataonga tab aap bail karwa laina sidha court mai ah jana" ofcorse he got bribe. Real Q is. Can I get PCC from passport office? as I have opportunity getting job abroad? This is totally fake case and Indian judicial system is a Hippocracy on so called democracy?
I did not get any anticipatory bail? should i trust on IO or apply regular bail?
1.If charge sheet is submitted then surrender and apply for bail.It is likely to be allowed.
2.in 498A cases rejection of bail is very unlikely and hence I am surprised to hear this from you.
3. If there is delay in submission of charge sheet then only go abroad.
4. Otherwise first get bail and then leave India to avoid future complications.
Hello,
It is difficult to get a PCC if you have pending cases, be it a fake case or a genuine case, what you can do is you can easily file a bail application on the ground that charge sheet has not been filed since last one year and then as per GOVt of india notification dated 25th August, 1993,. you can obtain necessary permission from the Criminal Court and then make an application to the passport authority.
Regards
Police is bound to issue the PCC, albeit by making a reference to the pending criminal case against you. If the certificate is withheld you may move to the HC for orders to direct to police to issue PCC.
If AB was rejected you could have filed appeal against sessions court order rejecting your AB application
1. The police cannot refuse to give PCC for issuance of passport just becasue there is a criminal case pending that too in FIR stage.
2. You may not be able to accept the job abroad during the pendency of a criminal case against you, this will complicate the situation to a worst scenario, the court may even ask you to deposit the passport.
I did not get any anticipatory bail? should i trust on IO or apply regular bail?
Do not apply for regular bail before charge sheet is filed.
The court may not consider the same and may even remand you to judicial custody.
Is 498A criminal or Civil case? As 498A FIR registered but Charge sheet not submitted meaning Court dont know if there is case in front of court? Nobody from local police station given me any notice. only maintenance case is running in court.
498A IPC is a criminal case
2) once FIR is filed police conduct investigations and then submit charge sheet in court
3) police would issue you notice under section 41A cr pc to record your statement
498a is a criminal case and an offence under section 498A IPC.
Without a charge sheet filed before the concerned magistrate court, there is yet to be a case for which you would receive summons from court.
In fact you should have got yourself enlarged on bail if a FIR was registered under this section by the police against you.
You can confirm from the local police that whether ther is any FIR pending against you and what is the status of the charge sheet.