gurmeet (prop) 24 June 2017

Do fir treated as criminal proceeding for passport

FIR had been lodged u/s 420 and 120B but anticipatory bail granted by Allahabad High Court. No chared sheet filed by the Police even after 2 months had passed.

Now I am applying for renewal of passport in U.P.

What is to be written for the said Question in Passport form- Yes or NO

"Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending before a court of India?"

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2 Replies

Arjun Kohli 24 June 2017

Whether exactly you are charged with criminal proceedings already or not, is a technical point concerning the stage at which an FIR has been filed (accusation has been made) but the chargesheet remains to be filed.
Logically, since the police is now obligated to conduct a preliminary inquiry to ensure a prime facie case against the accused is made out before filing an FIR, it would be a logical interpretation that you are accused of an offence. I would suggest to mention the details because in the phase of Police Verification, they will definitely turn prejudiced against you if you do not disclose the fact here. Also that you have been granted anticipatory bail is in your favour but to be on the safe side, you can disclose all these facts.
However, I would reccomend you to go ahead and seek proper legal counsel to be sure about this.