Hi All, I am the false victim of 498a and 406. I am living in Germany since April 2014 and never went back to India since then. My wife German Citizen of Indian Origin filed FIR against me in 2017 March in India. For Quashing of FIR we filed a case in High court, my Father as my Attorney taking care of the case. 2 Weeks back i received Letter From RPO stating that "Passport obtained by suppressing/wrong information provided by the passport holder" On Inquiry RPO officer told my dad that it is a normal process since FIR has been filed against me hence my Passport will be impounded and once FIR is quashed then Impounding of passport will be cancelled. My questions are hereby please help me. 1. Can i somehow find out if my in laws or my wife has something to do with this ? 2. Will I be deported ? I am currently in Germany. Or is moving from one EU country to another will be a problem ? 3. Let's assume FIR is quashed, what needs to be done afterwards ? Are there any options other than that I have come to India to take care of it ? I would like to avoid coming to India since my employer will never give me so much time to clear my mess in India and everyone knows how official things work in India. This would be a big Risk for me. 4. Can i somehow challenge the Impounding of passport ? What are my best options right now ? Looking for some Positive responses. Thanks & Regards
Quashing is to be done only in exceptional circumstances
2) HC is reluctant to quash fir pending completion of investigations
3) you ought to come down to India apply for and obtain Anticipatory bail from sessions court
4) with court permission travel abroad for work purposes
5) you can file writ in HC against impounding of your passport
6) if passport is impounded you will ha e to come to India
Still it is not clear, what information suppressed.Was the passport renovated or when applied for passport , FIR was pending ? if not than, noitce is misrepresented. You can challenge the notice in HC.
Somebody must have informed the RPO about FIR.
If PP impounded, definitely you will be returned.
FIR quahsed than PP will resume.
Assail the notice.
as per the available facts, I advise you to settle the matter amicably with your wife and get the FIR quashed, else if Passport impounded , you will have to return to INDIA, and may indulge in legal complications,
however, if not settled, another option is to challenge the impounding of passport in HIGH COURT,
take anticipatory bail and defend the case
1. Yes. You can file a RTI for the same.
2. If your passport is impounded then you will be deported back to India. Its better to procure anticipatory bail before you come back to India.
3 .Once the FIR is quashed buy High Court then all criminal proceedings against all the accused persons ceases to exist. Your impounded passport would also be returned after quashing. Nothing more remains to be done.
4. Yes. you can file a writ petition in High Court assailing the order of the RPO impounding your passport the Supreme Court has recently held that right to travel abroad is a fundamental right and should not be infringed upon in general circumstances
1. It is not a fact that passport ios impounded if FIR is registered against a person. The cvause has clearly been mentioned in the said notice which says "Passport obtained by suppressing/wrong information provided by the passport holder". You shall have to find out the reason for such notice by sending yopur representation to the passport office and act accordingly. It might also happen that in case you have not appeared before the Court despite being severally notified against the 498A case, the Court has directed to impound your passport to ensure your appearance/production before the Court next time.
2. If your passprt has been impounded, you sjhall not be able to travel to any other Counrty and shall have to return to India.
3. If tere is an order for impounding your passport, your getting the FIR quashed does not authiomatically revalifdate your impounded passport.
4. Certainly you shall have to challenge the order of the passport authority impounding your npassport without seeking any clarrification from you. You shall have to enquire about the reason for such order properly before taking any further step.
1. You need to investigate that.
2. No you will be not.
3. Nothing remains if fir is quashed. No case will remain.
4. Yes you can do so before passport authority and hc.
1. Yes they may have filed an application to impound your case pending the criminal case.
2. If passport shall be impounded then you shall be deported to India.
3. See you have to file an application before court to get your passport released.
4. Yes you can file a petition before high court challenging the notice to impound the passport.
File a petition before high court challenging the impounding of passport and seek stay on same.
Could someone please tell me 100% sure if i will be deported ? How much time i am looking for if I come/deported to India to settle down the Passport matter ? Maybe I can request my employer to give me some time. Is there anything i can do from here rather than going back to India ? Desperately looking for help.
Without wasting any time, you should file writ petition in High Court and take stay order against the impugned order of the regional passport Office impounding your passport. If that is done, you would not be deported at all and would also not be required to come to India to appear before the court. It can be done from there itself.
If passport is impounded you shall be deported.
If order is passed you can be deported any day. See if you file petition that can atleast time of 2-3 months.
See your father can file petition on your behalf if he attorney holder regarding passport.
If PP impounded, you will be illegal migrant, definite deportation.
Your father can challenge the notice on your behalf.
For applying for Anticipatory bail, quashing your personal presence is necessary
2) take 3 months leave to come down to India
3) After impounding the passport cannot be used and applicant is summoned at the passport office for clarification regarding the matter.
4) The Immigration will issue you an acknowledgement in lieu of your PP impounded and you will be directed to approach your RPO with the Immigration’s receipt to sort out the matter.
1. First of all you shall have to be sure that your passport has been impounded.
2. If it is a fact that youyr passport has been impounded, then your legal status in Germany is that you are staying thare illegally.
3. Indian Consulate will try to contact you to ask you to return to India.
4. German police will finally trace you down to deport you to India.
5. It is difficult to presume as to how long the admintration will take to reach you to deport you in case you refuse to leave the country of your own.
If any other incident hasn't happened then it is definite that your wife etc were involved.
You will receive notice of the fir at your address. The passport is impounded and you have to present yourself to the rpo and in case you dont want to come then file a writ petition in the hc for a stay until things are sorted out and praying that you will join investigation.
The fir may be quashed too if the case has merits.the case may be filed through a power of attorney.
Regards
A petition in the hc for arrest stay should be filed through a power of attorney.
You can engage a lawyer in India why will they deport you if your lawyer is present.
1. Yes, the passport authority on intimation of pendency of any criminal case can impound the passport. Your in laws certainly have hand in it. However impounding of passport in 498 A cases is very rare.
2. Since passport in impounded your visa would also be considered t be cancelled. So come back to India , apply for bail and then challenge the impounding in high court.
3. FIR will not be quashed in all likelihood. Instead of taking bail , going for quashing was a wrong step. Quashing is allowed only in extreme cases and I find no such possiblity in your case.
4. Yes you can challenge impounding by filing a writ petition in high court.
Dear Querist
as per your information, it seems that FIR was registered against you before issuance of the passport because as per the RPO letter it is mentioned that due to suppression of facts/wrong information the passport is going to impound.
because in case of any FIR after the issuance of the passport, the RPO has no power to issue this type of letter until the charge sheet submitted before the court and the complainant file a complaint under section 10(3) of Passport Act for impounding of the Passport due to criminal Case.
in this matter a show cause notice will also provided to you and the passport authority give an opportunity to you for your explanation, if it was not done by the RPO than file an appeal before the appellate authority against the letter issue by the RPO.
file an appeal immediately and try to get an stay order on the operation of the letter of the RPO and till the final disposal of the case you will not deported by any authority.
you may appoint an advocate and file the appeal through your power of attorney holder or through counsel, your personal presence is not mandatory required till the specific order of the appellate authority.
Feel Free to Call
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1. The actions taken by the passport authority is based on the complaint given by your wife side.
2. Since the passport has not been impounded and you have also not been informed to surrender the same, you remain silent and watch the developments. In the meantime you may proceed with your travel plans as scheduled, if there is any restrictive order you will be stopped by immigration authorities.
3. Let the FIR be quashed first, because the high courts do not entertain FIR quash petition as routine except there is an extra ordinary circumstances warranting quash.
4. You can issue a reply notice through your advocate and wait for the reaction.
The law says that the passport can be impounded if there is a criminal case pending against the individual.
If you come down to India, then you may have to forget your career at abroad because the issues cannot settle so soon in India.
You may just wait and watch the developments patiently because , if at all there is an action taken by the passport authorities to that effect then you may have to surrender your passport hence wait for the things to take place.