• Show cause notice from passport office

I had applied for Passpost renewal, I got my renewed passport on 9th Sept but after 2months yesterday I got Show cause notice stating "adverse police verification report"

1) As Per police verificat report you were not available at the address , you are therefore called upon to provide suitable explaination and submit a fress application on the basis of you application dated 09/09/2022

you are required to furnish a proper explaination and obtain the above said passport 

State Why action should not be taken to impound the passport no WXXXXXXX datad 09/09/2022 under section __________ of passport act,1967 and Section(1)b of passport act 1967 should not be initiated against you 
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Actually FIR 498(A) was filed by my wife in 2015 and i was arressted and bailed next day . Now it is sorted and we are staying together . 
Respected Sir 
My mistake i didnt mention that complaint when i applied for renewal I did not also take legal opinion then , when I visited polie station to check reason for advere report , the office explained there is CR record showing and the Police commisioner office might have have called to check and I have not recieved the phone , however I didnt get call because my phone was dead and in mobile shop for 3days 

Kindly advice what should be my response for "Why action should not be taken question " 

During the FIR my old passport was not impounded, so why I am disqalified now ? is 498(a) criminal ?
Asked 1 year ago in Civil Law

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6 Answers

Criminal case has been filed against you 

 

you ought to have disclosed pending cases you 

 

take plea that dispute with wufe settled she has withdrawn complain against you 

 

apply for re verification 

Ajay Sethi
Advocate, Mumbai
94232 Answers
7432 Consultations

5.0 on 5.0

The explanation asked from you is that you were not residing in the address furnished by you in the application for passport.

Therefore the question is not about the suppression of the fact of pending criminal complaint against you.

However since you have received the notice to show cause it becomes your duty to give an explanation in writing in your reply to the circumstances that led you to give the address in which you were not residing.

Until and unless you are required to give explanation of the pending criminal complaint, you my better not whisper anything about it.

After submitting your explanation you may submit another application for reissue of passport on the new address and can get the police verification done afresh.

In the new application you can furnish the details of the pending criminal case or the disposal details of the same so that you are not being questioned again on the same line

T Kalaiselvan
Advocate, Vellore
84432 Answers
2133 Consultations

5.0 on 5.0

You were not aware of the same that it has to be informed and inadvertently the same was not mentioned by you

Prashant Nayak
Advocate, Mumbai
31572 Answers
168 Consultations

4.1 on 5.0

Yes, 498 A is a criminal offence. 

What is the present status of the case? 

Whether the final report was filed, FIR was quashed or the trial is still pending ? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18069 Answers
377 Consultations

5.0 on 5.0

- As per law, if there is an FIR , then it should be cancelled after filing a petition for quashing before the high court even if the matter was settled between the parties. 

- Hence, if the said FIR lodged by your wife was cancelled by the high court , then you can submit the order of the court before the police official. 

- Further, if the matter was dismissed, then you can also furnish the same before the court. 

- However, you can submit a reply of the said show cause notice after mention that at the time of renewal the matter was settled and that was the reason you have not mentioned the same in the renewal application. 

Mohammed Shahzad
Advocate, Delhi
12932 Answers
187 Consultations

5.0 on 5.0

Dear client If Show Cause Notice (SCN) is issued due to you not being present at time of police verification, then it is better you visit the office and inform them the reason for your unavailability. If they find your reason satisfactory, then they will process your application further ahead again for the Police verification

Anik Miu
Advocate, Bangalore
8555 Answers
105 Consultations

5.0 on 5.0

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