• Regarding passport renewal while case going on

Hello
I am an NRI and involved in a property dispute with my sister in law. She managed to get an FIR filed against me under sections 376/511/323/34 IPC in 2015. I received anticipatory bail from the court but the case has not yet started as the prosecution sent the charge sheet back to the IO. The anticipatory bail order was also not challenged in a higher court.
Now, my passport is expiring in 18 months and during renewal abroad I would need to declare the ongoing case (even though the case has not started). My questions are:
1. Will I need a court order to renew my passport
2. My lawyer indicated that the passport would only be renewed for 1 year at a time. Is there a way to get the renewal for a longer period (5 or 10 years)?
3. If renewed, will my passport indicate the ongoing cases etc.?

Thank you for your response in advance.

Best Regards
Asked 1 year ago in Criminal Law from United States
Religion: Hindu

Hello

When rhe fir was filed in 2015 you should have filed a petition for fir quashing in the hc but its too late for that.

The passport renewal authority would renew your passport and you will have to explain it to them the ongoing criminal cases pending against you and the dispute.

The passport cannot be renewed for a longer period.

A passport dies not indicate the list of ongoing cases but the issuing authority does issue the passport on the basis of certain conditions like attending court proceedings regularly and submit to the indian courts as and when required.

What is the nature of your dispute?

You should file an application for chargesheet quashing I the hc.

Regards

Rahul Mishra
Advocate, Lucknow
4961 Answers
11 Consultations

5.0 on 5.0

If you are in renewing your passport in overseas Embassy it will be renewed for 10 years and you have to provide the correct information in the application form as you have anticipatory bail in the case. there will be no effect on renewal of passport you have to be visit the Embassy six month before the expiry of the passport

Vimlesh Prasad Mishra
Advocate, Lucknow
5653 Answers
19 Consultations

4.9 on 5.0

Your passport would be renewed for period of one year only

2) you need court orders for renewal of passport

3) passport would not reveal pending cases

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

1. Yes you need court court order for passport renewal.

2.no pending the criminal case it shall be renewed only for one year.

3. There would be nothing on passport indicating case.

Further if case is ongoing for so much time.approach high court for quashing and directions.

Shubham Jhajharia
Advocate, Ahmedabad
20743 Answers
81 Consultations

5.0 on 5.0

1) Yes, you will need court permission for renewal of your passport.

2) You have to request the passport authority regarding this and provide reason behind it.

Ganesh Kadam
Advocate, Pune
8167 Answers
68 Consultations

4.9 on 5.0

3) You move to the court for permission to go to abroad . If the court permits you then you will be issued Passport after complying other necessary formalities.

4) In this connection, you may refer to notification issued by the Ministry of External Affairs, New Delhi dated 25th August, 1993 in GSR 570(E).

Ganesh Kadam
Advocate, Pune
8167 Answers
68 Consultations

4.9 on 5.0

As per GSR70 dated 28/08/1983, permission from court is required for renewal of passport if criminal case is pending against anyone.

2. Renewal is ordinarily for one year or as per Court order.

3. Your passport would not bear any ongoing case marked thereupon.

Sushil Jha
Advocate, Patna
283 Answers
3 Consultations

5.0 on 5.0

1. Make proper application to the Court (based on the bail order) for permission to renew passport for 10 years. This would be granted, subject to you undertaking guarantee to remain present at any relevant time. Say that you are ready to file adequate surety amount for the same.

2. Declaring the existing court cases is mandatory and cannot be circumvented /ignored. Passport will not record any entry about the details of the existing court cases. Further, try option to file quashing proceedings before the High Court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2804 Answers
16 Consultations

5.0 on 5.0

Dear Client,

Renewal of passport is sole prerogative of passport dept, court can only seize the passport. But dept. may ask you to get NOC from court.

Rightly advise by lawyer, during pendency of complain or case, renewal shall be for 1 years only - Short Validity Passport.

Yes,

Yogendra Singh Rajawat
Advocate, Jaipur
14442 Answers
19 Consultations

4.6 on 5.0

1. You shall have to declare that there is a criminal case pending against you for which your passport might be refused to be renewed as per law. In the instant case, you are required to get a court order directing the pasport authority not to deny renewal of your passport on account of the said cases pending against you.

2. The rule has been so made to ensure that the accused in a criminal case can not escape legally from the clutches of law in force in India using his passport.for which it is issued for a limited period but you can get it renewed from abroad by applying before the local Indian consulate. However, you can submit your prayer for directing the passport authority for renewing your passport for a longer period by advancing acceptable ground in support of your said prayer.

3. No such matter in connection with your court case will be mentioned in your passport.

3.

Krishna Kishore Ganguly
Advocate, Kolkata
22757 Answers
612 Consultations

5.0 on 5.0

1. You are a NRI and are residing in abroad hence you need not visit India for renewal of your passport, you can get it done in the Indian Embassy or High commission of that country itself. However since you have already obtained AB, you may have to declare the pending criminal case agaisnt you even though the trial has not begun.

2. During the pendency of criminal cases, the courts generally do not allow the passport to be renewed for more than a year.

3. Yes, the pending cases will be reflected in your history.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

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