• Can I get passport if there is a traffic case pending

Hi had had met with an accident two years ago , and the charge sheet is been filed by police against me and also the opposite person who has met with the accident also the case is still not yet closed , does this case will effect my passport ,
Asked 8 years ago in Criminal Law
Religion: Hindu

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11 Answers

an 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.

2) n the application to be made to court you have to mention the details of case pending against you .

3) you have to mention that as per GSR 570(E) datei25.08.1993.no objection certifcate from court is required for issue of passport

4) pray that permission be granted for issue of passport

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 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
99775 Answers
8145 Consultations

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
99775 Answers
8145 Consultations

1. In criminal case of grave nature also there is no impediment to obtain passport if the court gives such permission,.

2, In traffic cases if the allegation is of mere traffic rule violation then there is no need to even mention about pendency of any criminal case.

3. However since in this case there is an accident you better mention such incident.

4.pass port should be issued in that situation.

5. if not then apply for permission from court.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1, This is a minor offence under sections 279 and possibly 337 IPC. So it should not be a ground for rejection of passport application.

2. Better make an amicable settlement with the complainant.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Let te passport authority ask for the permission of court.then only you file such petition in court.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You have been charged with rash and negligent driving

2) investigations have been completed and charge sheet filed against you

3) since criminal case is pending against you court permission would be required

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

This should not be an impediment to getting passport.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi had had met with an accident two years ago , and the charge sheet is been filed by police against me and also the opposite person who has met with the accident also the case is still not yet closed , does this case will effect my passport ,

Have you disclosed this information in the passport application?

If so then you may have to wait for the disposal of the criminal proceedings on your name.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Hi sir where I have to take this gsr57p form to

It is a data sheet.

Why do you have to take this and for what/

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Hi The complaint is as below , 279 ,337,338 IPS R/w , 181,192 IME ACT , also the charge sheet is filed as a1-me and a2-the auto person , they have filed both of us as accused .

You may have to reveal the pendency of the criminal case against you in the passport application.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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