Criminal case pending due to charge sheet is not filed after 18 months
Querist :
Anonymous
(Querist) 13 August 2011
This query is : Resolved
Dear Sir,
I am nilesh Jayvant Khot from ,kolhapur,Maharashtra. Sir, I have criminal case under the Bombay Prohibition Act and Sections 110 and 117 of the Bombay Police Act (Darubandi kayda) 85(1) in district court. Sir this FIR was filed on date 20/03/2010.but still charge sheet is not filed.its already 18 months over.I applied for passport on the month of 25/04/2011 and mentioned that i have case pending in court. i attached NOC of court alonge with application for granting the passport.my police verification reports
are good.when i applied for passport i mentioned my present address.but in FIR i gave them my village address. i went to passport office they said "police verification is adverse,show cause notice sent by You post" but its one and half month i didn't received the notice. so i am planing to stand my case in this month through the court notice. My lawyer says,we will stand the case,and you just pay the fine around5000/-. sir i have some questions- (1) What will court do after charge sheet is submitted after 18 months, the case will dismiss? (2)what if i found guilty, will i get the passport ?
(3)if i pay the fine,what will the case status,it will be 'NIL' or something else(4) Or should i wait for some days. after ALL THIS CAN I GET PASSPORT.WHAT IF I DEPOSIT FINE SHOULD THEY ALLOW ME TO GO ABROAD? AND WHAT SHOULD I DO TO GET PASSPORT?
sir , give me the best solution for it..so the needful..
Raj Kumar Makkad
(Expert) 13 August 2011
1. Charge shall be framed and then evidence shall be recorded and then case shall be decided after hearing argument from both sides.
2. You should file an appeal if you are punished by trial court and seek stay against execution of punishment and then passport shall not be revoked as feared.
3. You will never be NIL till your life. You may deposit fine under protest.
