praveen (Electrical Engineer) 08 November 2017

Expired passport lost in police station

Senior Members and Friends,

Recently, My 498a Case got compromised by Mutual Settlement by both the parties.

When Private complient 498A was filed by the opposite party court has ordered police station to arrest me.

When Police has come to my home and taken me to the police station, Sub Inspector Took both my passports which is expired one and renewed one. Inspector asked me to take it form the court, and SI sent me to the remand. Because of no time in the evening hurry burrly they sent me to Central Jail.

After that Investigating Officer filed Charge Sheet, in this sheet, Officer only mentioned renewed passport which is valid one, by writting in chargesheet 'Accused has voluntarily handovered the passport in police station'. Passport got seized.

Now, after settlement of 498a case, By Reading the order copy from the Hon'ble High Court, In the lower court Judge has ordered to give back the passports to accused.

But in the lower Court the section official has given me only Renewed Passport which is valid.When I ask about the other expired passport they were telling me they do not know it.

Asked me to go and enquire in the concerned police station, when I have went to Police station, the Investigation officer who took my both two passports got transffered to other Location. Station House Oficer was telling me there is no expired passport in the file. What I have to do, In that Old Passport, I have a valid VISA.

Station Officer Not even checking the complete file, Officer is only searching the Charge Sheet which was filed to the court. I requested them thrice to search the passport.

Any suggestions please

Thanking you in anticipation

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6 Replies

Siddharth Srivastava (Advocate) 08 November 2017

There must be seizure memo which is prepared when police make recovery of articles from accused persons. Check the seizure memo and if it is mentioned then made a right representation demanding back your passport etc. and if the necessity arises then take help of RTI also. If the challan has already been filed then file a necessary application in concern court praying an appropriate order for the release of passport.

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praveen (Electrical Engineer) 08 November 2017

Sir,

In memo only one passport is mentioned the other expired passport has been kept with police may be ...

In my case return of articles from other party ... not from accused ...

Lower court official has given one passport which got renewed new one ...

r. ram babu b.com (proprietor) 09 November 2017

( i am not a professional )

Most of the times - if you find fault with the authorities you will never get justice. So, you should behave as much innocent as necessary depending on the FACTS OF THE CASE.

here, I suggest you to make a complaint that you lost your old passport (without mentioning the above facts.) . If the police do not take register the case, then approach court. NEVER mention in writing where you lost under what circumstances ......

all the bet.

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Vijay Raj Mahajan (Advocate) 09 November 2017

As there is no mention of the expired passport in the seizure memo of the police, to track that expired passport will not be possible. This was mere carelessness on the part of the IO who did not specifically mention about the expired passport for which you can make formal complaint to the Commissioner Police of your district/city. Also a formal complaint of the lost expired passport be made with the Police Station where it was lost and keep copy of the complaint in your record. Rest the lost expired passport is of no use for you so not much to worry. You are passport holder not passport owner, the passport is the property of government of India and the complaint about it being misplaced by IO to Police Commissioner as well formal complaint in the police station where it was deposited are sufficient as far your responsibilty is concerned.

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praveen (Electrical Engineer) 09 November 2017

Sir, What about Valid Visa? In old passport!!

Vijay Raj Mahajan (Advocate) 09 November 2017

Yes for valid visa on old expired passport you can get those affixed in your new valid passport through the local embassy/visa agent and attach copy of the police complaint made for this process.

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