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nirav   20 October 2015

Passport renewal with denial of court case

I had applied for renewal of my passport in august 2015 which will be getting expired in feb 2016 but i had forget to mention a pending court case which was registered during 2008 for simple accident of a small boy with my car, it was minor injury only nothing else but still they put case. The case was onboard now in Oct, 2015. Passport office has issued my passport and i received it but in post police verification they found my pending case and send back their report mentioning about my pending case. Till then, one and half month has passed nothing has been instructed by passport office to me that my passport is cancelled or  I need to submit any documents related to my case (as it is not yet closed).

Now i had booked tickets for traveling abroad for 10 days in November.  Do i will get any problem in getting tourist visa for dubai? or i will get intimation from passport office anytime? then under this condition how can i travel abroad on for 10 days? It is no where mention in my case file that i cannot travel abroad so I dont think it is logical to ask permission from court.

My application status in passport seva portal is showing "Passport has been dispatched" since sep 2015. There is no remark regarding my case or any thing else.

 

Please give way out else i need to cancel my tickets. hoping for some way out.

 



Learning

 11 Replies

nirav   20 October 2015

Ipc of my case 337, 338, 279, MVA 184/177

Q Slinger (NA)     20 October 2015

Niraj, 

Not only did you do a big mistake but also committed fraud which is liable for punishment as per Passport Act Rules.

I am guessing they are probably initating a criminal case agasint you for lying to the passport office. If not a criminal case, they have already cancelled your passport by now.

I don't see much options than to appeal to the passport authority and try your chance there. Even if they agree to issue you a passport, they will ask you to get permission from the court where the case is pending.

All the best.

nirav   20 October 2015

Thank u for your reply Q Slinger, I know a mistake has been done. My intention was not to hide anything. My case will get completed any how the question is how can I travel abroad for 10 days of tour since there is no clarification yet obtained from passport office. I don't had any hurry if I have not booked my tickets.. So my question is what should I do?

advocatepassy@gmail.com 971794 (Advocate)     20 October 2015

Go ahead and travel abroad. Embassies have no access to police records. If at all you are asked, you can say that you were not aware that police will be filling a case when you applied for passport.

Suneet Gupta (www.vashiadvocates.com)     21 October 2015

If you have a Passport, you can travel till the same is revoked by the RPO. As the learned Advoate Vinod ji states the Embassies have little information about such small court cases, unless their is an arrest warrant or similar pending against your name.

nirav   21 October 2015

Thank you Vinodji and Suneetji. I was also thinking same. Let's see if no intimation arrives from RPO then in first or second week of November I will apply for visa as I need to travel in last week of November.. Hope for the best.. Thank you once again.

Anil Agrawal (Retired)     22 October 2015

If pro decides which he will you will be prosecuted. Forget the plea of mistake. When filling  pp Appln form you had to write about pending criminal case. How can you say you forgot, made a mistake. Sorry I don't buy your argument.

nirav   22 October 2015

Mr. Anilji, I already said mistake is done. Is there any way for me so that I can travel, plz give some solution if possible? Whatever PRO decides that I can't change. Thank u.

nirav   22 October 2015

Mr. Anilji, I already said mistake is done. Is there any way for me so that I can travel, plz give some solution if possible? Whatever PRO decides that I can't change. Thank u.

nirav   25 February 2016

Dear all,

Just for the sake of update i want to share my experience with you all.

Continuing my above query. i received intimation from RPO on 21st Nov, 2015 about query in my passport police verification and i have to give clarification why they should not impound my passport.

My visa for dubai was luckly get issued on 18th Nov, 2015 and my tickets were of 26th Nov, 2015.

So the tragedy begins after i recieved such letter. Now what i had done is i mailed letter to the RPO office to give some time for the reply and i will personally submit my passport at RPO. And with god there was no problem during imigration and i had easily completed my trip and came back from dubai.

After arriving back i pesonally visited the RPO and surrendered my passport with clarification that i was not knowing about the court case matter during application. So they considered it and keep my passport with them and informed me to come back with the judgement of the case as soon as it gets over. They provide me the surrender cerficate.

Now in Jan end my case gets closed and i got the judgement in my favour. so i visited back to RPO with orginal and its copy. There they fined me 5000/- Rs. and generate again police verification for my application(old one only). Once police verficatin will get completed i will get back my passport which was issued to me.

Thank God that they have not canceled it and had not taken any other action. I was very much afraid by the comments and suggestions from this forum posts.

with regards,

Nirav

 

Anil Agrawal (Retired)     25 February 2016

Pl get your passport in normal way now and forget the whole thing. You have escaped criminal prosecution.


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