• Road accident case / passport renewal

Sir,
one of my relative met with a vehicular accident on highway 2 yrs ago while driving himself
there was a death of a bike driver
he is out on bail and charged with ipc 279,304a,337,338 and motoar vehicle act 184

his passport is due for renewal in next few months.
the case is pending in a criminal court.charges have nor been framed yet
my query  is
should he mention the above case while renewal.
will he have difficulty in gettings visas of other countries for travel
thanks
udd
Asked 8 days ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
Yes obviously, it is not advised that you hide this fact from the passport authorities.
Yes you will be having difficulty, get the passport renewed and get the order from court before applying for visa.
Since you are on bail, the bail order has to be modified.
Regards
Anilesh Tewari
Advocate, New Delhi
3910 Answers
49 Consultations

5.0 on 5.0

While applying for issuance of passport such information is not sought for.
If it is not asked for then there is no need to mention this case.
Even if the case is mentioned then pendency of such case is not a hindrance to get the passport reissued.
If the passport authority refuses to reissue the passport you can consider filing writ petition
Devajyoti Barman
Advocate, Kolkata
10425 Answers
125 Consultations

5.0 on 5.0

Charges in the case not yet framed means the case is at initial stage. Since the case is not yet finalised and final judgment not yet delivered and charged sections are only allegations no need to disclose the same in renewal process of passport. The conviction is only criteria for any official record .
Lakshmi Kanth
Advocate, Hyderabad
397 Answers
7 Consultations

4.8 on 5.0

he should mention details of the pending case while applying for renewal of passport

2) 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
37871 Answers
2122 Consultations

5.0 on 5.0

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
37871 Answers
2122 Consultations

5.0 on 5.0

Sir he has to mention about the pending case. If he does not mention it and if somehow the passport office cames to know about the case then they may trouble him.
Hope my reply helps you.
Johnu Kanta Bhuyan
Advocate, Guwahati
155 Answers

5.0 on 5.0

Yes he shoud mention about the case in which he is party.
It may depend case to case and requirement of the case.
Laksheyender Kumar
Advocate, Delhi
221 Answers

4.9 on 5.0

Yes all the details have to be mentioned with entire case papers to the authority.
Rajashekar
Advocate, Bengaluru
134 Answers

4.8 on 5.0

Dear Client, 

Concealing any fact regarding pendency of criminal case is also a crime. Not advisable to hide this fact, otherwise ur passport may get revoked for longer time. 

Aforesaid, sections are not that much severe that ur passport may be withhold, except till the pendency of case or can visit out of India with the leave of court in case authorities denies renewal. 
Yogendra Singh Rajawat
Advocate, Jaipur
299 Answers

4.9 on 5.0

Hi
Yes your relative will have to take permission from court authorities to travel abroad and also the passport authorities will ask about pending court cases against your relative and that has to be mentioned. Because hiding the court case will land you up in some troubles. It would be better to apply for the permission to travel abroad and get the passport renewal done on the basis of the approval of the travel permission from court.
Thank You
Rahul Jatain
Advocate, Rohtak
264 Answers

5.0 on 5.0

He has to mention the pendency of the criminal cases in the appropriate column meant for re-issue of passport.

He cannot travel abroad during the pendency of criminal cases against him and he may have to obtain permission from court if he is going for a short trip to abroad and back.
T Kalaiselvan
Advocate, Vellore
27807 Answers
289 Consultations

5.0 on 5.0

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