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) your father in the application to be made to court has to mention the details of case pending against him

3) he has 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

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.Yes,you will have to apply for permission from the concerned court to get passport.

2.If the court grants permission new passport would be issued.

3.During pendency of criminal case the court can grant new passport.

1. The pendency of a criminal case is the biggest obstacle to getting a passport,to overcome which you require court orders.

2. You do not need the permission of the court to apply for a passport in the first place, but if the passport has been rejected due to the adverse report received from police then you may challenge the rejection through a writ petition in the High Court.

3. For every criminal case the passport application cannot be summarily rejected. The offences slapped against your father are not heinous, hence his right to travel out of India cannot be curtailed.

Hi, file an aaplication before court to grant permission to your father to travel abroad .. If the court approves your application , take that order and give it to the convened police station where the FIR is lodged .. Police will give a no- objection certificate , in case you apply again for the passport ..

1. Wait till the next date of hearing of the said cases filed against your father.

2. When the case comes up for hearing, file an application before the Judge praying for direction upon the passport authorities to issue him the new passport though criminal cases are pending against him.

3. The Court may allow him to get the new passport and travel abroad depending on the merit of the ground shown in the said application for his foreign tour.

Apply for the leave from the Court where the said criminal cases have been filed against your father.

Avail an unambiguous direction upon the passport authorities for issuing the new passport to solve the problem once for all.

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.

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:

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.

Therefore he can file a petition before the concerned trial court seeking an order directing the passport authority for issuance of passport accordingly.

Do we need to get the permission from the respective court first and apply again or can we apply again with case details and then wait for the passport office comments?

You have to file a petition before the concerned judicial magistrate court where the criminal case is pending against him and seek its permission for issue passport.

You will first have to get an order from the court and then only you can apply for the passport again.

The court in such order will jot down that the criminal justice system will not hamper if he is allowed to travel outside the country.

Regards

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