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vijay kumar (Tutor)     24 November 2021

Interpretation of clause mentioned in passport application

Has any warrant or summons for your appearance been issued and pending before a court under any law for the time being in force? *

Has a warrant for your arrest been issued by a court under any law for the time being in force?

My question is what does phrase "under any law for the time being in force" mean in above context.

Reason for question.

Under section 144 my family member were mentioned and falsely implicated in FIR.

Notice and Arrest warrant had been issued but now Case has been quashed and disposed of.

There is no open FIR , Notice or warranty left standing.

 



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     24 November 2021

The simple answer Is  N O: to that query in the application form as the query is on Has a warrant for your arrest been issued by a court under any law for the time being in force?
 

As criminals may try to obtain a fresh passport/ renewal for becoming fugitives.  To prevent the escape of criminals by obtaining passports this clause is inserted and primary.

M V Gupta (Advocate)     25 November 2021

THE PHRASE "UNDER ANY LAW FOR THE TIME BEING IN FORCE" SIMPLY MEANS ANY KIND OF LAW. iF YOU AS AN APPLICANT FOR THE PASSPORT HAS BEEN ISSUED ANY WARRANT FOR ARREST YOU SHOULD REPLY YES. BUT AS PER YOUR QUERY A MEMBER OF YOUR FAMILY, NOT YOU, HAS BEEN ISSUED WARRANT FOR ARREST. HENCE YOU REPLY SHOULD BE  "NO" FOR THE QUERY.

vijay kumar (Tutor)     29 November 2021

Yes warrant is not for me, but othe my uncles and mother under 498a.
The case has been quashed by Honourable High court.

Since we won the case and case has been disposed.
Do we still need to write yes in the form?

Thank you. Regards.

 

M V Gupta (Advocate)     30 November 2021

Not necessary since the accused persons have been honourably acquitted.

Archana Pandey   25 January 2022

Dear Mr. Vijay, 

Here, you need to write No in the above mentioned questions while filling the passport application. Since your criterias does not comes under Section 6 (2) f & 10 (3) of the passport act, 1967, which says that if applicant involves in any criminal act, in such condition, can be denied or rejected for availing the passport facitility. But you will have to complete the quashing proceedings before you initiate for the passport application.


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