I mate with accident on 12th feb 2016. the other party has filed FIR against me under section 279 and 338. Can i Apply for passport . charge sheet is till not filed for this FIR. if not what is the way to get passport.?
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File an application before Lok Adalat for settlement of the case with the person who file the FIR and after settlement apply for passport.
otherwise, you have to file an application before the court where the case is pending and get NOC from that court for issuance of passport and after that NOC you can get the passport from passport Authority.
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This is not a heinous offence. So while the pendency of criminal case would show up in police verification but the passport may be issued despite it.
1) an applicant against whom a criminal case is pending, is required to obtain necessary permission from the Criminal Court wherein his case is pending and then make an application to the passport authority.
In my case , though it is very small offence but falls under criminal case. and since charge sheet is not filed, it is not under jurisdiction of any specific court or judge. Hence i am not sure from where to take permissions / or NOC . Also can apply for pass port ? if yes should i click on yes or No in Column asking for " ANY CRIMINAL PROCEEDING PENDING AGAINST APPLICANT"....please guide
You should give details of FiR filed against you in your application for passport
2) your application for passport may be rejected
3) you can then apply to court to direct passport office to issue yiu passport
The case would be pending in the court of the jurisdictional magistrate. Just apply for passport in the normal manner. ONce you apply your passport will be issued and thereafter the police verification will take place. Furnish true information in the application form as concealment of information is punishable with an imprisonment of up to 2 years under Passport Act.
You can very well apply for passport.
since you have not been convicted or remanded you do not have to give the details of the case, however you must make sure about this while police visit you for verification.
In my case , though it is very small offence but falls under criminal case. and since charge sheet is not filed, it is not under jurisdiction of any specific court or judge. Hence i am not sure from where to take permissions / or NOC . Also can apply for pass port ? if yes should i click on yes or No in Column asking for " ANY CRIMINAL PROCEEDING PENDING AGAINST APPLICANT".
If FIR has been registered then the police station coming under a magistrate court shall be the trial court in your case.
For applying for passport, you dont need NOC, but it becomes your duty to fill up the columns in the application with facts.
You may tick yes in that column and give details.