Hello Sir, My ex-wife had filed a false 498a/DV case against my siblings, my mother and myself a few years back. I live abroad and filed for divorce abroad and although she opposed the divorce, she secretly got married to her ex-boyfriend. She had hidden the information even during the divorce proceedings (so she committed bigamy). She has custody of our only daughter. She also managed to file a NBW against me, but I never got any summons served to me. My family members are all on AB. But I am not. I have not been asked to go to India by the lawyers we had. I have not seen my family in person for a very long time. We had filed a quash petition in the High court, to quash the FIR. It was at the state 'quash admission' (and it changes daily) Although there were a few hearings, and the judge asked us to go for compromise, the case keeps getting postponed for multiple hearings - sometimes to the next day, sometimes two to three weeks away. So it's a bit frustrating. I was hoping it would get quashed based on the merit of the case in a few weeks/months. And judges change every few months. I'm writing this to understand a couple of things. My passport is coming up for renewal. I need to go to the nearest consulate for renewing it. 1) If I were to apply for the passport before the quash is granted, should I mention that I still have 'criminal proceedings' in the passport application? 2) Will the consulate officers always have access to the LOC record if I mention, or not mention, that I have criminal proceedings in the passport application? 3) Is there any place I can check if I have an LOC against me ? Is it the FRRO website? 4) If the quash proceedings were to still continue for two more months, should I apply to the HC for permission to renew the passport? (Just to note that, I am abroad, and have never appeared before trial court or HC, but cooperated only using my lawyer and now the quash is admitted in HC, and I don't have AB) Thanks
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1. full disclosure has to be made by you in your application to issuing authority, disclosing the stage of trial, charges against you and other such essential details.
2.Lookout Notice for all immigration check posts against any Indian person can be issued only in the format prepared by the Home Ministry. Police Station where the complaint is lodged will have information about whether LOC has been issued on accused or not..
1. Yes you have to mention pending criminal case in passport application.
2. Yes they have record .
3. It is confediential and not available on the FRRO only officer issuing it can confirm same.
4. Yes you can seek direction of renewal through petition before hc though hc may reject same.
1) you have to disclose pending case in your renewal application
2) they would have access to your LOC record
3) check FRRO website . Also with IO
4) you need to apply to trial court for renewal of passport
Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 (hereinafter referred to as Act) empowers the Passport authority to refuse to issue a passport or travel documents for going abroad in the event the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.
notification issued by the Ministry of External Affairs, New Delhi dated 25th August, 1993 in GSR 570(E). The relevant extract of the notification reads thus:- "No, GSR 570(E) In exercise of the powers conferred by clause (1) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.(E), dated the 14th April, 1970, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub section (2) of Section 6 of the said Act. Subject to the following conditions, namely;- (a) the passport to be issued to every such citizen shall be issued -
(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or
(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;
(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of (a)(i) and (a)(n) can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;
(d) the said citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued".
1. It's good to mention as if concealed court may draw adverse inference.
2. Loc is time bound not for life
3. Yes through the ministry of home affairs.
4. Yes
Hi,
Before any thing, I will suggest you to have the judgment of Allahabad High Court which states that 498a case is a personal dispute and you may use it for negating criminal charges, if asked from you. Further, for renewal of passport, you may mention the truth as case pending. The LOC records are there with consulate, but you are advised to confirm from your advocate that whether any such orders are issued against you. You may move an application for permission for renewal of passport in High court.
1. You need to furnish the information about you including the pending criminal case against you and the status of the case, if you have not given true information then on detection by the authorities at a later stage, you may face problems of confiscating the passport.
2. Is there any LOC pending against your name?, if not dont mention anything about it without knowing or confirming the news.
You may mention only about the pending criminal case against you.
3. You will not get confirmation about this from any website because nobody will update the records, it would be better that you confirm about this through your own sources.
4. The quash proceedings are different to that of the AB or appearing before court for trial proceedings.
In general the high courts do not entertain the FIR quash as a routine, hence you have to be very careful on that aspect.
Yes you should disclose the FIR in your application because it will be disclose during police verification in future.
You should send some relative to concerned police station about proceedings of your case and warrants against you.
Yes you should take permission from HC for renew of passport it will be better for you.
Yes, if you will not disclose, it will be material concealment to obtain passport. But it`s not criminal proceeding by only FIR under investigation.
If LOC is issued against you, consulate may have information or can access.
It will ascertain through investigation officer only or in court order sheet.
Against refusal to renew, you can approach HC.
