1. Aug 2019 Visited online site (non official) for passport renewal application 2. Received the call from non official site and with out realizing its non official, I provided the info that has been asked and made the payment of Rs 5000 3. Sept 2019 Received receipt of Rs 1500 from official passport site and appointment letter for finger print etc at Post office 4. Since it was online application made by 3rd person from non official website,I never got chance to see the submitted form in person 5. RPO officially acknowledged the form in Oct 2019 6. After that no passport was issued so in Dec 2019 and Feb 2020, I had in person visit to RPO asking if anything pending or to check if they need additional docs and their response was NO 7. I have been told since its renewal and my age is 65+ there will not be police verification 8. Received new passport in March 2020 and SMS on initiation of police verification 9. Police submitted their report in April 2020 as there is criminal case pending in a court. (No warrant or summons pending and no order prohibiting any travel) 10. Received SCN from RPO asking clarification suppressing criminal case and why not to impound passport and legal process per passport act 11. After doing fact check on application submitted, realized that I am victim of non official website where my application was wrongly presented (Since the person never asked that if is there any legal criminal case pending or its status; it has been marked as "No pending case" in the form) 12. Now in order to provide clarification on SCN to RPO, I am wrote all the facts in details with all the emails, SMS showing that there was no intention for suppressing any info and requesting not to impound the passport and not to take any further action and allow some time to me so that i can resubmit case details which is almost in final stages (delayed due to COVID lockdown) and any order from court etc. 13. So please suggest what should I do next -- Should i reply as 12 above on my own and wait ? How quickly i need to reply since I received SCN dated May 24, 2020 on June 27, 2020. Resubmit application with all the details thru official website? Send back the passport to RPO? 14. What is likely going to happen
You need court permission to apply for passport as criminal case is pending against you
2) in such cases passport is issued only for one year
3) since you have not obtained court permission fir applying for passport your passport would be impounded
4) After obtaining permission reo apply for issue of passport
Hello Sir,
Better you apply on official legal Passport site with all renewal format and take appointment if any.
If you explain them all details its nothing harm to you if you have no done any criminal in the past of your life.
Re-Submit application and contact RPO personally talk to him and get further information of what procedure you have to follow and need to take any help from here anyone as you're out of station.
1. See at this stage you have to reply the SCN after you are permitted then only you can resubmit the passport application.
Also you will be provided opportunity of hearing before the officer in regard to impounding of your passport.
Dear Sir,
You are suggested to reply the SCN strongly on your own informing all the correct facts and with requests that your passport should not be impound. Also, inform of the similar sites pretending to be the govt site. After disclosure of correct information, it is quite possible that you will get relief.
Yes reply and resubmit application with documents in above scenario
Since there is no restriction on travel, no disability attach to prohibit passport renewal.
Further Passport applications cannot be rejected summarily on the ground that the applicant is facing criminal case.
1. It's the law of the land that inpendency of a criminal case without the permission of the local court the passport can not be re issued.
2. Now if in your case if there is no pending case then explain your position and send show cause once asked for.
3. If the police submits a false report then you have the option of filing writ petition in high court challenging this action.
- As per Section 6(2) (f) of the Passports Act, 1967 , the passport authority shall refuse to issue a passport or travel document for visiting any foreign country , if proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.
- Further, under Section 12(1) (B) of Passport Act, in case the applicant does not disclose correct information that a case is pending before the court ,then there is penalty for Rs.2500/- for the offence of suppression of information.
- However, the Delhi high court has said that the passport authority cannot impose penalty on a person who has unknowingly produced false information while applying for the document, and before penalizing an applicant it has to be proved that the person has knowingly provided false information while applying for passport.
- Further, the Kerala High Court in the matter of Muhammad Alfas versus Sub Inspector of Police, 2019 SCC OnLine Ker 756, Order dated [deleted], directed a person , to appear before the Passport authority in terms of show cause notice issued to him, and to pay the compounding fee; and to further clarify in writing, as to why he had not brought the information regarding the pendency of the criminal case to their notice, and the Passport Authority was directed to consider the application and take an appropriate decision thereon, within a period of one month.
- Hence, you should write an application before the Passport officer after mentioning the facts as you mentioned above , and thereby request to issue the passport and not impound the same,
- Yes, reply the said notice received by you with details .
You cannot claim excuse on the basis of your ignorance of law.
You have approached a broker or an agent to get your passport renewed instead of approaching the passport office directly.
You cannot blame the agent for suppressing the material facts about the pending criminal case.
If you had given the details about the pending criminal case, the agent would have included the details about the pending criminal case.
You may have to give a proper explanation accepting all the allegations leveled against you in this regard and apologise for this mistake with a request to pardon you and to keep the renewal of passport in abeyance till the disposal of the criminal case pending against you or allow you to take permission from concerned court for issuing the passport on renewal.
If they still proceed with impounding of passport then you may apply for it after the criminal case pending against you is disposed in your favor.
1. Your passport has already been issued which you can not return now.
2. If the passport is impounded for suppressing the fact of having criminal case pending against you, no passport will be ever issued to you in future.
3. The excuse that a third party has filled up the form for you may not be acceptable since they have filled up the form for and on your behalf though it is the only ground you shall have to show.
4. File a Writ Petition against the RPO challenging the SCN praying for a direction upon the RPO not to impound your passport for the reason that the third party has filed the application for you suppressing the fact of your having a criminal case pending against you.
if an adverse report is already filed and get it closed permanently. Upon your request and a max penalty of rs 5000/- you can get it closed and apply again for fresh.Always try to explain everything in detail, this gonna help you reducing penalty or put you under exceptional categories or you may not have to pay even a single coin.
1. You should reply with the facts due to which you failed to submit real record of pending criminal case against you.
2. Also send all the copies of conversation with that unofficial website so that passport office initiate action against that site.
3. You should also offer to return the passport in case they order you for same till the matter clears.
