• How to apply in court for issuing passport permission

My client is facing charges under 406 and 420 of crpc ,is petitin requred or application onscheduled date is sufficent
Asked 3 months ago in Criminal Law from Pune, Maharashtra
Religion: Other
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.

2) an application would suffice
Ajay Sethi
Advocate, Mumbai
23079 Answers
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format of undertaking to be given to passport office 

UNDERTAKING
(to be submitted on plain paper as per provisions of GSR. S7O(E) dated 25.08.1993)
I am applying/have applied for passport with the following
details:
(a) Name
(b) Date of Birth :
c)Father Name:
(d) Mother's Name :
(f) File No. / ARN No. : Date:
(if available)
2. The Criminal case(s) with following details is/ are pending
against me:
(a) Case No
(b) Name of Court
(c) Details of Investigating :
Agency
(Please provide details of Police
Station/ Investigating Officer, etc.)
(d) Last date of hearing :
(e) Next date of hearing :
3. I hereby undertake that I shall, if required by the Court
concerned, appear before it at any time during the continuance in
force of the passport so issued.
(Signature of the Passport applicant)
Contact no.:
Date:
Ajay Sethi
Advocate, Mumbai
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1) in the      application to be made to court you have to mention the details of case pending against your client . 

2) you have to mention that as per  GSR 570(E) datei25.08.1993.no objection certifcate from court is required for issue of passport

3) pray that permission be granted for issue of passport

Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi
You should  apply for the permission by either moving an application to take the matter on board on any date before the next date or on the next date by moving a simple application"Application Seeking Permission to Apply for passport".
 Center had issued a notification on August 25, 1993 permitting issuance of passports to those facing criminal charges provided they produced court order permitting them to travel abroad. Such a notification was issued by invoking the powers conferred on the Center under Section 22 (a) of the Passport Act.
Them Bombay High court has in 1997, quashed an order passed by a Passport Officer refusing to issue passport to an accused in a criminal case. It had held that it would be the duty of the passport authorities to bring the relevant notification to the attention of the applicants.

It is the discretion of the court where the case is pending to allow the application, mostly based on the seriousness of the charges involved.If the permission denied you can either appeal or wait for the trial to complete

IN THE COURT OF METROPOLITAN L MAGISTRATE , BHOIWADA,DADR  MUMBAI
C.C. NO…./2016

………..POLICE ……………………………..                      COMPLAINANT
VS.

MR…………………………….                                   ACCUSED

APPLICATION SEEKING PERMISSION TO APPLY FOR PASSPORT

May it please  your Honour,

The accused above is charged under sec…….&………..of IPc  by the …Police. The accused has granted to bail by this Honourable court on……
The accused had been complying  the conditions imposed by this Honourable court and had not violated the bail conditions .
The accused had been falsely arraigned by the interested parties and is hopeful of a fair trial and an acquittal.
The accused now have been asked by his company………Ltd, ….Andheri,Mumbai to represent it in Europe as the company has its business in European countries, for which he has been asked  to procure his passport.
The accused is the sole bread winner of his family and  there are no other children to support his parents. The present job is the only source of his income and he does not want to miss his opportunity to work for his livelihood. It would be a great loss and misery for his family if he lose the present job.
It is therefore humbly prayed that this honourable court may kindly grand  Permission to the accused to apply for Passport .

                                                              
Filed in Court                                                                                                        
Date:                 
                                                                                                                       Accused
Advocate for the accused
 
Thresiamma G. Mathew
Advocate, Mumbai
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Has the court imposed any fetters on his right to go abroad during the pendency of the trial? If the answer is in affirmative, permission will have to be obtained from the court, whereas if the passport has been surrendered by the accused on the directions of the court then you have to apply to the court to release it. The courts never issue any directions to the passport office to not to issue the passport to the accused as and when he applies.
Ashish Davessar
Advocate, Jaipur
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1) in reply to your query have already mentioned what has tu be stated In your application to court to grant you permission for issue of passport 
Ajay Sethi
Advocate, Mumbai
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1212 Consultations
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No, you do not require the permission of the court to apply for and obtain a passport. If after police verification and adverse report is given which results in denial of passport then that order of denial will have to be challenged in the court.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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My client is facing charges under 406 and 420 of crpc ,is petitin requred or application onscheduled date is sufficent

In the passport application the relevant column about pending criminal cases are to be filled up accordingly and the further procedures as laid down in it may be followed up.
T Kalaiselvan
Advocate, Vellore
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NO CONDITION HAS BEEN PUT IN THE BAIL ON RIGHT TO TRAVEL,BUT AS PER PASSPORT RULES PERMISSION FROM COURT IS REQUIRED?IF SO PL GIVE ME THE FORMAT.

During pendency of criminal cases, one need to take permission from the concerned court for travelling abroad.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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