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. The issue is, I need a NOC form the court for passport renewal. Questions, 1. Can I request for NOC in the High Court ? 2. How to draft the request Petition (under which section of law , who should be made the Respondents ? ) Looking forward your replies..
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1) you have to request for NOC from trail court only
2) 1) in the application to be made to court you have to mention the details of case pending against you
2) you have to mention that as per GSR 570(E) datei25.08.1993.no objection certifcate from court is required for issue of passport
3) pray that permission be granted for issue of passport
1. according to judgment of arnesh kumar vs state of bihar 2014 scc, the supreme court has held that unless it is prima facie proved by some evidence that offence has been committed till then accused cannot be arrested and no coercive action shall be taken by the court.
2. when no coercive action can be taken by the court then court and also passport authority cannot preclude you from renewal of passport. stopping to renew passport is a coercive action because accused cannot move abroad.
3. when arrest of accused is not necessary then how his passport cannot renewed. in menaka gandhi vs union of india 1979 AIR the supreme court has held that passport cannot be seized without giving just ground because moving abroad is a fundamental right.
4. hence you should file a mandamus writ for issuing direction from the high court to renew your passport on the basis of arnesh kumar judgment.
1.You need the permission from the local Magistrate and not the high court.
2. Consult your lawyer. He is better equipped to draft such petition.
Hi
1) You should obtain the No Objection certificate from SDJM court .
2) Since the High court has granted you the stay, the SDJM court should by default issue you the No Objection certificate.
3) You are required to request permission of the SDJM court and also provide an undertaking in a Rs10-/- stamp paper to the court as provided in http://passportindia.gov.in/AppOnlineProject/pdf/GSR_570_dtd_25.08.93.pdf
4) In general the courts will grant permission for issue of passport for a period of 1 year. However you need to impress upon the judge and request for issue of passport for a period of atleast 3 years as the cases get dragged for about 3 years.
5) Since it is an application to court, you need to address the petition to court only. You do not need to contact the Complainants for this petition or as a matter of fact, the complainant cannot even object to your petition
6) The request petition is a simple format addressed by you to the court stating your address, case details and the reason for overseas travel.
7) The request petition will be heard any time by the SDJM and need not wait for the regular hearing.
Hope this information is useful.
1. NOC is not in the first instance issued by the court, much less the High Court. You have to apply for passport in the ordinary manner to the RPO. If the RPO refuses to process your application on account of the pendency of the criminal case then you may assail its order in the High Court.
2. A stay granted by the HC does not result in culmination of the trial. The case is alive for all legal and practical reasons.
1. You may file a petition before the trial court seeking the court's no objection to the renewal of passport.
2. It is just a petition without mentioning any section of law seeking court to give you 'no objection', the respondent to this petition will be the complainant in the main case.
