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Abhay (None)     06 December 2010

New Passport: court case cancelled but appeal pending

Hi

A false criminal case was filed against my cousin about 25 years ago. My cousin was declared not guilty and acquitted by the court. The other party has then filed an appeal against the order and the matter in lying in High Court since about  20 years.

 

1. I wish to know that under the Passport act, 1967, when an appeal against a not guilty order is filed in a higher court, will that amount to "Criminal case pending in the court of law?".

 

2. If answer to the above question is yes, should my cousin declare this judgement/case in the new passport application? I understand, then he has to obtain a NOC from the court and maximum validity of the passport will be only 1 year, instead of the regular 10 year validity. Also, there are chances that passport may not be issued at all.


Gurus, please help.


Abhay

New Delhi



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 December 2010

It is not a criminal case, but it is an appeal, who knows what happens in the appeal court.  Try by producing the judgement of the LC
 

1 Like

Abhay (None)     06 December 2010

Dear Rajeev

Does that means that one can specify the court case, attach the verdict from the district and not mention anything about the appeal pending in High Court, in the passport application?


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