• 498A (passport problem)

Hi,

Married in May 11,2013
Wife Joined to Live with me in Dec 28,2013
Left my house in April 2014
When she was with me at my house for 4 months he harresed that she will give file cases on me in court. Filed 498A case on me in September 2014. I was arrested on Sep 19, 2014 and got bail in 6 days and came out. I filed divorse case. She filed DV case. 
My problem now is Wife filed a petition to reject the bail because the passport is not submitted. But when they came to arrest me cops asked for passport and I gave them right away. From then my passport was with them. I told the same in the court when the wife filed for the passport. But Cops said it is not with them. But internally when we spoke with cops they said it was with them but they did not submit to court that means it is a issue to them and that's why they are saying slove this situation my not getting trouble to cops and to myself. But How How how??? I did not do anything wrong here. I am so honest and doing what ever it should be. I don't that I should take a memo when I gave my passport to cops. I am new to these laws and court and so on.. I am middle class normal person who is having normal peaceufull life. Now this marriage made my life miserable. 
Please some one suggest good point where I can save my bail and also save the cops as well as they already said they don't have it... Pleaseeeeeeeeeeee helppppp..
Asked 1 year ago in Criminal Law from United States
1. I am surprised to know h0ow could you submit the passport with Police when the police without the direction of court has no authority to ask for passport. To compound the problem you seem to have no written proof that it is kept with their possession.

2. Immediately send a written submission asking for return of the same as they are keeping the passport without any authority. 

3. Non submission of passport is not a ground for cancellation of bail , more so, when there is no such direction from the court of law.

4. Submission of passport with police is not a rule but exception and when you have obtained the bail the court can not arbitrarily ask you to submit passport.

5. Now it appears the wife is at tricks to cause you further trouble when you're ut on bail. Nothing to worry and fight the case with a good lawyer. Do bear in mind in normal situations the court can not seize passport especially when the accused person may visit abroad in connection with his livelihood.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
Hello,

1) You can not plead ignorance of law and unfamiliarity for for being naive in giving your passport over to the Police without even getting an acknowledgement.

2) Demand the police to return the passport to you. If required make a written submission to the police demanding the Passport to be returned to you immediately.

3) As you are already out on bail and submission of Passport was not a condition for allowing bail there is no reason why the court in normal circumstances should ask you to submit it.

4) Protecting the interest of police is not your responsibility. You need to protect your interests and in law you have every right to do so.

5) In a matter of 498A there are limited chances of the court ordering the seizure of the passport.If you need to travel overseas and if it is relating your employment overseas or business the court will always be lenient.

6) the formalities will be taken care of by your advocate.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Well, then I think you were not properly advised as regards submission of passport . Your lawyer shpuld have guided you how to submit the passport with Police.

2. Anyway since it is with Police manage them to give a favorable report as regards its submission with them.

3. Apply in the court for relaxation of the condition as regards submission of passport. After so much time the court is likely to relax the condition. Since you have not reavelled to abroad i DO NOT THIN THE COURT IS LIKELY TO BE HARSH AGAINST YOU.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. You did not follow the proper procedure for submitting the passport to the police. If the court had while granting bail to you directed you to submit your passport to the police then you should have complied with this direction of the court. 

2. When the court orders a person to submit his passport to the police it does not lay down in its order the procedure to submit it. It is not the duty of the court to tell a person as to how the passport is to be submitted. The accused is supposed to know the procedure as his lawyer would tell him.

3. It seems that the cops in order to defeat your bail have stated that they do not have your passport, thereby showing you in violation of the court order which mandates that you submit your passport to the police.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Since your wife has filed the motion to cancel your bail you should contest it on merits, failing which the bail may be cancelled.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Dear Querist
immediately file an application for releasing the passport before trial court, the court will issue notice to IO and ask about the passport, if the police accept that they have the passport then no need to worry, you passport may released by the court.

you can contact personally or over the phone after getting my detail from admin.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. You are already enlarged on bail,

2. In your said bail order there was no condition that you shall have to submit the passport,

3. The police is also not required to seize your passport and/or submit before the Court,

4. You were also not supposed to handover your passport to police without collecting any receipt,

5. Collect the passport back from the police,

6. They may sqize out some money out from you,

7. Audio tape the conversation with police wherein they admit that they had collected the passport from you for which they have not issued any receipt. Any recording of their asking money to return it will be execellent,

8.Engage a lawyer to contest your wife's said application for cancellation of bail since there was no order for submission of passport and also that the police has already seized it from you (the audio recording will help you to prove your said claim).
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. You can not write a letter to the Judge on a matter which is being heard by him in the Court,

2. You shall have to inform what you want to inform by fuiling application through lawyer,

3. Your informing his not enough. You shall have to sustantiate what you are saying through evidence,

4. So, go to the police station and negotiate with the I.O. and try to record his admission that he had seized your passport before, which he had not submitted before the Court,

5. After audio recording the admission of the IO, you send him a letter by speedpost calling upon him to return the passport to you or submit before the Court,

6. On the date of the next hearing, you submit the latter written to the IO alongwith the audio recorded evidence of his admission that he had already confiscated your passport,

7. In fact your lawyer should have informed the Court at the time the bail order was passed or in the bail petition that the passport has already been seized by the police.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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