• Non-filing of chargesheet after 2 years and renewel of passport what to do

Launched an FIR on 23/08/2016 under section 385, 506, 354 (a), mumbai, but still police has not filled the charge sheet in the court.Got the cash bail after 1 police custody. No special condition is mentioned
Questions.
1) I have renewed my passport (dec 2017) in post verification police officials is saying i need to take NOC from court for passport. I got the renewed passport on tatkal basis post verification mode.
2) Will court grant Noc as chargesheet is not yet filled and on what basis application to be made.
3) Time frame of filing chargesheet as per law and what steps should be take now to disposal of case.
4) What to be written application for taking permission of passport (any format) And when chargesheet will be file police officials is not answering properly.
5) Can accussed give passport noc letter alone in court without lawyer or lawyer is compulsory to present. where to submit application in court.
6) In how many hearing court will grant Noc. Is it necessary to present accused or he can send some frd on behalf. 
7) In passport application accused didnt mentioned any criminal case against him. On address verification they found on system criminal offence against him.
please suggest what to do.
8)What should I do if the police tries to close the Case by using some tricks. How can I fight for my case. muslim religion,
9) Some people is saying there is not limit of filing chargesheet after getting bail.
Asked 5 years ago in Criminal Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

1. File an application before the court for permission of passport renewal. There is time lime fixed for framing of the charge sheet.

2. Engage a local lawyer for the same, a lot of legal formalities are to be completed in order to get an order from the court.

3. It was incumbent upon you to mention that there was a criminal case pending, there was no need to give a wrong information.

Religion has no role to play in this.

Yes it is right that there is no time limit for filing charge sheet.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

This is my response to you:

1. Section 354 of IPC is a serious offence and therefore take precautions;

2. Though you can make an application before the court for obtaining passport;

3. The application should be made by an advocate because the court may reject such an application if you appear in person;

4. The advocate will also have to make submissions/arguments for obtaining the passport, the purpose of travel etc. all will be submitted to court;

5. The court may also see that chargesheet is not framed therefore the court may award passport;

6. More informed legal opinion can be shared after reading the FIR filed against you, if there is no strength in the case then court will show leniency;

7. Consult a good criminal lawyer and then make this application.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. it is the discretion of the court t give such NOC. Though unless the charges are very grave in nature and there is likelihood that the party is likely to abscond the boundary of this country.

2. Giving NOC has nothing to do with the submission of charge sheet.

3. There is no time limit for submission of char sheet though to expedite the submission of charge sheet you can file writ petition.

4. Get it drafted by an advocate.

5. Get it heard by an advocate.

6. There is no limit on number of hearings. It depends on discretion of court.

7. You will have to apply for getting NOC.

8. Yes, if the police closes the case then you can file Protest petition.

9. Yes, there is no such time limit.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

even after 2 years, you should move the court for speeding up of process.

courts normally take about 12 to 18 months to dispose of the cases.

You should ask the court to direct the police to recover the documents and submit the same in court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

you have to make application for issue of NOC for passport

2)) in the application to be made to court you have to mention the details of case pending against you

3) you have to mention that as per GSR 570(E) datei25.08.1993.no objection certificate from court is required for issue of passport

4) pray that permission be granted for issue of passport

5)not necessary for you to engage a lawyer

6) court may grant NOC in 3 months or so

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

The court shall grant permission for renewal of the passport. An application to trial court for same can be made.

See there is no time frame for filing charge sheet only accused get benifit of default bail if chargesheet not filed on time

Engage a local advocate he will file application before court it will be a miscellaneous application In trial in format decided in concerned state.

The application is filed in registry a application need to be drafted so better to engage a lawyer.

The advocate can represent in such application self presence is not required though friend will not do either lawyer or himself.

7. This is misdeclaration the passport authority can take action against accused for misdeclaration and giving false information.

8. You can approach the high court under writ jurisdiction.

9. Yes there is no time limit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You may file a petition before the trial court seeking its NOC for renewing the passport by mentioning the pending FIR in crime number pending before that court.

2. The court will grant NOC based on certain conditions.

3. You may file a petition before court seeking its intervention for the inordinate delay by police to file the charge sheet.

4. You may contact your advocate who will file an appropriate petition based on the circumstance.

5. If you do not know the procedures in this regard, you may better engage the services of your advocate for this also.

6. The court may take at least two to three hearings to dispose this petition, however the accused who is seeking permission for NOC has to be present and not his friend.

7. The accused has to give a written statement to the passport office on this and should apologise for suppressing the material fact.

8. You can be in touch with your advocate who will suggest you the ideas to confront such issues based on the prevailing circumstances.

9. Dont fall under rumours.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. The court may grant the NOC as the offences involved are not heinous in nature but if the prosecution is able to demonstrate that you have not been appearing in the court on the dates appointed for hearing then NOC may be denied. If you have been regularly appearing in the court then ordinarily the NOC will be granted.

2. You have to file an application seeking the permission of the court to renew the passport.

3. It may not take more than 3 effective hearings.

4. If the information about the pendency of the criminal case was suppressed by the accused in the application form for renewal then court will not allow the passport to be renewed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The trial court where the trial is going on.

2. Affidavit.

3.yes it has to be mentioned.

4.sir engage an advocate he will draft .

5.apoointing lawyer will be wise.

6.no link ,police shall file charges sher when investigation is complete.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You have to submit application in court wherein case is pending

2) it is not in form of affidavit or letter

3) mention other case details

4)better get it drafted by lawyer

5) mention details mentioned herein above in application

Ajay Sethi
Advocate, Mumbai
94725 Answers
7536 Consultations

5.0 on 5.0

1. You can submit the application in the open court itself.

2. An affidavit containing an undertaking can be attached to the application.

\

3. You have to obtain permission from the court with regard to the case pending before that court only.

4. You can engage the services of an advocate for this.

5. It will be better you engage the services of your lawyer or any other lawyer for this purpose.

6. Filing of charge sheet has nothing to do with this.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Application has to be filed in form of affidavit, get in touch with a local lawyer.

2. If you are in bail in both the cases then permission from both the courts has to be taken

3. You need a lawyer, this is an easy process

Do not worry

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer