• How to get my passport

On some issues my uncle (father's brother) came drunken and came to my home at 9:00pm 02-06-2014  and  abused my mom using unparliamentary language that time i was at my friend home so my mom done a call to my area circle inspector so he replied i'll send our conistables to your home soon.. but no one came.. after an hour i reached my mom explained the situation.. again my uncle and tried to atttack me with a knife i forcely pushed him.. he fell down from steps and was slightly injured.. and he ran away to the police station and registered a complain on me... then we went to the police station and we too registered a complain over him.
                   i done my b-tech with good percentage.. this year i planned to do MS in canada so i need passport to write GRE & IELTS.... i applied for passport but due to this case i'm not getting my passport.. the case was not cleared yet. there is no witness for this case.. please suggest me how to get my passport?? i respect for court judgement but for this long duration i'm losing my chances to done my MS in canada.. so please help me
Asked 2 years ago in Civil Law from Bhongir, Andhra Pradesh
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.
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 (hereinafter referred to as Act) empowers the Passport authority to refuse to issue a passport or travel documents for going abroad in the event the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.


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
23195 Answers
1218 Consultations
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Since the criminal case is pending against you the passport authority has in its discretion refused to grant you the passport. Pendency of a criminal case is one of the grounds on which the application for passport may be turned down.  

You should thus apply to the court to order the passport officer to issue you the passport. If nothing works then move the High Court.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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Dear kindly tell me the details of FIR/section with which you been charged
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
In the interest of your career, the best option I find is to compromise with youur uncle which may be arrived with the help of other close relatives and elders in the family and thereafter move the court for compounding  of offences u/s 320 Cr. P.C.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0

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