• Pasport query

A criminal case is pending against me in ald court, 
But i need passport, so what should i do , should i apply it and after denial i should approach for NOC from court or first I should get NOC and then apply for it.. And my case is pending in sessions court. Closure report is submitted by police and another party also submitted a letter in court saying that they don't want to continue this case they do not have any problem with the closure report submitted by IO

Kindly advise.
Asked 6 years ago in Civil Law

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13 Answers

Please apply after the final order of the court otherwise police verification report will go against you and that will be a permanent affair because whenever you will apply for the passport they will ask for the fate of the case pending, so wait and try to get the case finish early or you may give an early hearing application on the ground so court definitely order on the same and if the court grant you permission then you can go ahead.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Your passport would not be denied just on the grounds that criminal cases pending against you, if you disclose the same in your forms.

No NOC is required from court. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

It appears the court while granting you bail put the condition of submitting the passport with the police.

if that is so then you will have to apply before same judge for relaxation of condition of bail so the court allows to travel for the specified period.

The court if so wishes can waive the condition as well.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

you need to make application to court for issue of NOC for applying for passport during pend ency of criminal case 

 

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

 

2) please note that as per GSR 570(E) datei25.08.1993.no objection certificate from court is required for issue of passport

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Dear Client,

Applying for passport, no permission requires. And in your case already closer report submitted by court and complainant also do not want further prosecution. Involvement of court dose not arise. Free to apply.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If such is the case an application for compounding of the offence should be filed in the district court.

Kindly elaborate upon the facts and circumstances of the case in order to better appreciate the controversy.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See if closure report is filed and there is no objection on same you should wait for some time after court passes order disposing case you can apply for passport.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You first need to apply for noc from court then you can file application of passport

Prashant Nayak
Advocate, Mumbai
34549 Answers
249 Consultations

1. Get the case dismissed by the Court or atleast get the NOC from the Court for getting your passport and submit with your application.

 

2. Even if you get the passport, you may not be able to get the Visa from most of the countries if any criminal case is shown as left pending against you.

 

3. So, it is necessary for you to get the said case dismissed/closed.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

First you apply for passport and then you may see if the court permission is required or not.

As you told that the police has given closure report, why dont you wait for the court to dispose this complaint case after which you can freely apply for passport by not disclosing anything about this criminal case in the passport application since there is no case at all against you.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

the accused can apply for passport and can go abroad but he has to take permission from concern court simply by putting an application with relevant documents and reason for the same. Then court will permit and the same order the accused have to submit to passport office.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

First you can apply in the passport office. Kindly check what passport officer says. Because you crime is not proved yet only its raised against you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear client 

You should wait for the court order before you apply for the passport as there can be a problem during your police verification for passport. 

After aqittal from case  you should apply for passport.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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