Dear Sir, I have filed a criminal case in Metropolitan Magistrate Borivali Court (Mumbai) against 8 persons who are directors/senior management of a public limited listed company which is engaged in construction activities. (Builder). Court has taken cognizance of their offence u/s 420 of IPC and issued summons in the month of August, 2016. However, till date not even a single appearance made before the court by any of the accused for furnishing Bail Bond and is represented through Advocate who has filed application u/s 205 of CrPC for permanent exemption of accused. Now since criminal case is pending against the accused persons from August 2016, there is every possibility that out of 8 accused persons, any one or more of them might have renewed his passport by concealing the details of this criminal case pending against them. My query is that: 1) In what way I can get their last renewal date of their Passport? 2) Can I seek the Passport renewal date of these directors through Court in which the case is pending against them? I don't have date of birth of these directors. Pl advise me in detail as I want to put additional pressure on these accused persons. Regards, Manish Agarwal
1) you can file RTI application with RPO as to whether any application for renewal of passport has been made by accused persons
2) whether they have disclosed details of pending case against them
3) you can apply to RPO for impounding of passport of the accused . Mention details of pending case against them
4) you can apply to court to pass orders to direct accused to deposit passport in court as you apprehend that they may flee abroad
1.You can apply for such details from the passport authority by sending an application under RTI Act.
2.However do note that even during the pendency of criminal case the passport authority can renew the passport .
3.However if you wish to challenge such renewal you may file writ petition if the renewal is alredy done.
Sir,
Any station bail given to them? . What is the status of the charge sheet? .
You do not have any right to ask private information like., passport details of somebody to passport authority but through court you can ask. But, you may have to give sufficient reasons
You can rite an application to the RPO and ask the RPO to impound their passport and can also request the authorities to not renew theri passport due to pending criminal case.
You may also move an application in the court asking to court to pass a direction to deposit their passport in the court.
Regards
Hi, firstly it is strange to know that they have not yet joined the trial .. Even if they have granted exemption under 205 Crpc , they have to appear and take bail from the court ... After the court issue summons ,, that means the court has taken cognizance against them ..is their exemption has been allowed you should file a appeal against such order , as on what grounds they are unable to appear before court .. 2) you can file an application before court to sieze their passports as neither they have appeared before court not they have provided any surety bonds .. They have every possibility of evading the trial .. Kindly discuss these things with your lawyer
1. You should have written an application to the RPO to inform him about the pendency of the case so that the passport is not granted. Now that it has been granted you should seek the cancellation of the passport. As the complainant you have the right draw the attention of RPO to the pendency of the case.
2. The court will not pass any order directing the RPO to share the passport renewal status with you.
1. You cannot legally obtain such details from passport authority.
If you are sure that anyone has renewed his or her passport, you can file an application for cancelling his bail on the grounds of suppression of fact material to renew the passport. about the pending criminal case.
2. You cannot obtain such details which are irrelevant to your complaint, moreover since this is a state prosecuted case, the public prosecutor to be contacted for any such assistance.
