There is recent Bombay high court judgment that for renewal of passport court permission is not required
obtaining court permission would not take much time
NRI - 498a case received bail 3 years ago - renewal of passport
Hello I am an NRI with an employment in Asia. 2020 Jan my brother got married and within 3-4 days the bride left house on false pretext and put a 498A. Me, my brother and parents all got bail in Mar-Apr 2020 and since then the case is going on (498A, 125 etc.). Police has filed initial chargesheet - which has only the girls statement and no other observation, nothing else. After the chargesheet has been filed, couple of dates - we only got next dates and there was no need to appear for us - as per our lawyer. Now, problem - My passport is out of pages and I need to renew the same. The passport form asking "Is there a criminal proceeding against you pending in any court of India" which I have to answer "Yes" and give details (Question 1) Should I take court's permission through some application to allow me renew my passport (Question 2) If Yes, usually what's the procedure and how much time does it take? (Question 3) Is passport office likely not to renew my passport on such a 498 case where I have got bail and not even my marriage?
Asked 1 year ago in Criminal Law
Religion: Hindu
8 Answers
Hello
Dont get into any of those point, if you are in Singapore. Apply for renewal of passport without saying that Yes . Renew your passport in Singapore itself.
You need to apply for permission for renewal of passport in the Court in which case is pending with an undertaking that as and when your presence is required you will appear in Court. Such undertaking is to be given as per format given in notification No. GSR (E). If the trial Court refuses to grant such permission, you can approach High Court. But as you are not the husband, as per guidelines given by SC in Rajesh Sharma’s case permission will be granted to you by trial Court.
You have to furnish the details of your pending criminal cases in the application for renewal of passport.
It depends on the issuance authorities whether to seek court permission or to waive the requirement.
Yes but there is a latest order of Bombay High court which says you don't require permission from court.
You can cite that with your passport application
Permission of the court would not be required in the case of renewal of passport until the passport authorities specifically ask for it.
Your passport would be renewed in all likelihood. Just answer the question truthfully.
Dear client, I am sorry to hear that but in this case you can take a NOC or clearance certificate from the court either buy your self or through special power of attorney.
- 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, a person against whom criminal offence is pending needs to obtain permission from the court in case of issuance of passport and not renewal.
- Hence, you can file an application before the court where the 498A is going on for getting permission of renewing the passport after mentioning that you are already on bail unconditionally.
- It may take 2 to 3 days for granting such permission from the date of filing.
