• Consequences of case filed under section 323 and 293D

My mother had filed a case on my father aged 65, myself and on my brother under section 323 and 293B due to misunderstanding during my sister marriage. Charge sheet for the same is yet to be filled. Now I have a obligation to go abroad for official purpose for which I need my passport to be renewed. Would like to know if this will affect it, also what will be the consequences of the sections. Will this affect my career as I work in a private mnc.
Also kindly suggest if my mother wishes to withdraw the complaint on me, what is the procedure.

Appreciate an timely and expertise opinions.
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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10 Answers

1) 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) it would not affect your career as you are not convicted of any offence

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 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
87911 Answers
6207 Consultations

5.0 on 5.0

1. For renewal of passport it is often seen that police verification is not required.

2. So you can remain not so worried on this account.

3. Even if ti is required then you will have to seek permission from the court where your case is pending.

4. In private sector pendecy of criminal case does not affect the career.

4. With the consent of your mother the case can be mutually quashed through the high court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Since the criminal case is pending you will have to mention in your passport renewal form about the pendency of the case against you, whereupon the passport may not be renewed. You will then have to file a writ petition in the High Court to get your passport renewed.

2. If your mother is ready to compound the case then tell her to file an application for compounding before the court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

She may give her statements under 161 accordingly and police will remove your name from the charge sheet.

Also there will be no effect on the passport renewal since the investigation is pending, if otherwise you do not ger PCC then file an application before the magistrate.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear,

In both section's crime are bailable but serious in nature and if it's proved against you it

will affect on your career and passport authority also not renewed it, and ask you to

submit noc from court, if case is pending in court, or if only FIR is loge then no noc required.

Your mother have to present strong reason for that why she want's to struck only your

name from her list.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

hello,

one has to disclose whether any criminal case is pending against you at the time of the renewal of the passport. the case may have consequences but you should advise your mother to withdraw the case. for that, she has to give a formal application before the court concerned. the company may ask you to leave the company.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Is it under 294(b) and 323?

As it is lodged by your mother, we can find out the status from the police station and make arrangements to get it closed.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

No problems for passport renewal. You need to take a NOC from court and renew the passport. Your mother and you can move for joint quashing application in HC and quash the case and settle the matter

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

You may have to convince your mother to withdraw her complaint against you so that you Don't face problem in filling up renewal form for passport.

The pending criminal case may be an hazard for renewal.

Further if you are convicted for the offence, it may be a problem for your future employment too.

Better compromise with your mother on this or challenge her false allegations in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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