Hello,

NOC will be given by the court where your criminal case is pending. You will have to present an application to this extent, the court will pass an order on the same and if the order is not in your favor you may challenge it in the High Court.

PS:

Are you on Bail?

Chargesheet has been filed in the criminal case?

Regards

You may approach the High Court and seek a writ of mandamus in case you're being denying the NOC for clearance of your passport. Pull out the order sheet of the criminals case pending against you to demonstrate before the High Court that you haven't been evading the court and desperate that, you're being unnecessarily harassed.

the legal provisions as contained in the passport act make it clear that grant of passport may be refused to a person, inter alia, if proceedings in respect of an offence alleged to have been committed by him are pending before a criminal court in India. It can also be refused if a warrant or summons for the appearance, or a warrant for the arrest, of the person has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court.

Thus, the general rule is that passport may not be granted to a person against whom proceedings in a criminal case are pending in a court in India. However, the Government of India, in public interest, has relaxed the above general rule for those persons who are facing a criminal case in India by issuing a Notification vide Ministry of External Affairs Notification No. GSR 570 (E), dated August 25, 1993, published in the Gazette of India, Extraordinary, Part-II, Section 3(1), dated 25th August 1993, as per which the Government has notified as under:

“In exercise of the powers conferred by clause (a) 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. 298 (E), dated the 14th April, 1976, 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 one year;

(iii) if such order gives permission to travel abroad for a period of 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 exceeding one year, and does not specify the 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) (ii) and (a) (iii) above 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 said 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.”

Vide a Circular No. V.I/401/1/3/2014 dated 21.08.2014 issued by the Ministry of External Affairs, the contents of the above Notification have been referred to and it is stated therein that the applicant (who is facing a criminal case) is required to submit permission of the concerned court as well as an undertaking on a plain paper, as provided in para (d) of the above Notification of 1993. Further, a standard format for the said undertaking has been provided in the said circular.

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)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

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:

1. You ought to have mentioned about the pendency of criminal case in the form while applying for reissue. The concealment of any material information in the passport application form is an offence which carries an imprisonment of up to 2 years on a successful prosecution.

2. Court is right as there is no provision in law for the court to issue NOC for reissue of passport.

3. You should file an affidavit to the Regional Passport Authority mentioning that the omission of information with respect to the pending case was a bona fide mistake which you regret. Request the RPO for personal hearing, if required.

4. Once you have got the passport, and it has not been cancelled/impounded, you are free to travel abroad if the court has not restrained you from travelling out of India.

if that fault was genuine then you should appear before the regional passport officer and give a rectification application and furnish details of the court case. thereafter a new verification process will be initiated and accordingly verified by police.

if offence is compoundable (not serious offence) and no proceeding yet initiated after filing of chargesheet, you can approach the high court for quashing of chargesheet on the ground of inordinate delay.

The court cannot give NOC, for issuing the passport.

The legal position with regard to issuance of a passport to a person who is at present facing a criminal case (but, not yet convicted) in India is as under.

Section 5 of the Passports Act, 1967, deals with the making of an application for passport or travel documents and for orders thereon. On such an application being made, clause (c) of Section 5(2) empowers the passport authority to refuse to issue passport, etc.:

Section 6(2) of the Passports Act lays down the grounds on which the passport authority may refuse to issue the passport, and it is reproduced as under:

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

However,

In exercise of the powers conferred by clause (a) 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. 298 (E), dated the 14th April, 1976, 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:-

(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 one year;

(iii) if such order gives permission to travel abroad for a period of 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 exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.

Therefore you have to apply for permission of court in this regard , based on merits you may convince the court to grant permission accordingly which can be submitted to the passport authorities.

I have been present on every court date not a single date missed, case is not charged yet next hearing on 20th sept judged said they may charge frame on said date. Its very important for me to get passport clearance as have opportunity to travel abroad for business purpose please assist what should i do

You have to follow the procedures meant for getting court permission for reissue of passport as per the law in vogue.

the general rule is that passport may not be granted to a person against whom proceedings in a criminal case are pending in a court in India. However, the Government of India, in public interest, has relaxed the above general rule for those persons who are facing a criminal case in India by issuing a Notification vide Ministry of External Affairs Notification No. GSR 570 (E), dated August 25, 1993, published in the Gazette of India, Extraordinary, Part-II, Section 3(1), dated 25th August 1993, as per which the Government has notified as under:

“In exercise of the powers conferred by clause (a) 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. 298 (E), dated the 14th April, 1976, 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 certain conditions mentioned thereon.