• Passport re-issue with criminal case

Hello All,

I have recently applied for a Passport re-issue due to Water Spillage on my passport. However, while applying i did not mention the FIR (Criminal Case) which was registered on me due to a property issue. As it was a falsified Criminal case i dont want to do any settlement on it and wanted to face it legally in court. 

So, the passport officer's asked for the reason through a showcase & i have replied the reason. I was under an impression that Only i need to provide the details if i am convicted for any case. However, its my mistake i admit, as i should have had a clear understanding before i furnish all the details correctly. 

So its been more than 5 months and the application is still on hold, as i am in IT and i do travel frequently abroad. Now without passport i am missing lot of my Job opportunities to travel abroad.

Please suggest is there any way to get the passport application processed. As i have also seen in Internet on few forums that they may issue for Max 1 year until the Case is closed. 


Thanking you All in advance..
Asked 2 years ago in Civil Law

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13 Answers

An applicant against whom criminal case is pending is required to obtain court permission wherein 

his case is pending and then make an application to the passport authority.

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 certifcate from court is required for issue of passport

4) pray that permission be granted for issue of passport

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dear Client,

As per the facts which have been provided, in this case you need to take court's permission for re-issue of passport.

Thank You.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You file a application with the passport office for the same and follow up. You can  also file appeal in the said matter if same bot done gp for writ petition in. High court

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Charge sheet has been filed. ? 

if not then there are judgments supporting your case . 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can send a notice to the passport authorities seeking the re-issue of passport or the reasons for delay.

If you have been informed that the sanction of re-issue of passport has been kept in abeyance, you may approach high court with a writ petition  seeking direction to the concerned authorities to issue the passport as per law becasue the passport authorities cannot deny issuance of passport in the absence of any conviction. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Concealing the information regarding pendency of criminal case is an offence under the passport Act. The passport  authorities shall not be issuing passport to such individuals under clause (F) of sub-section 2 of Section 6 of the Passport Act. However, there is an exemption to this clause as notified in Gazette of India No. G.S.R. 570(E) dated 25.08.1993, wherein the concerned court may direct the passport authority to issue a passport for a minimum period of one year.

Hence, if requirement of passport is dire necessity for that person against whom a criminal case is registered, he may approach the concerned court where the criminal case is pending and request be made citing the above gazette notification by filing proper application/petition in this regard. Copy of this notification may be taken from the Regional passport office, if available with them.

Rajinder Kumar

Advocate

Rajinder Kumar
Advocate, New Delhi
98 Answers
6 Consultations

4.9 on 5.0

You have to disclose the pending criminal case and obtain NOC from trail court for reissue of passport 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

It will take time you can move HC for speedy trial

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Your purpose is to get the passport issued.

You may proceed with the procedures to obtain it.

It is not known that when this case will be taken for trial,  you cannot wait until then hence you may steps to obtain the passport. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client,

As per the facts which have been provided, you need to wait for the court's order.

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You are not guilty until proven. So face the trial and come out clean. All the best👍

Rajinder Kumar
Advocate, New Delhi
98 Answers
6 Consultations

4.9 on 5.0

-  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 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, 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

As and when the application is rejected by the passport officer, you can apply again with the correct details. 

If charge sheet has been filed then declaring the same is mandatory 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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