Permission / passport act
imran qureshi
(Querist) 11 June 2012
This query is : Resolved
under which section magistrate has power to give permission(no objection certificate) to issue passport to travel abroad, if criminal case is pending in his court
ajay sethi
(Expert) 11 June 2012
you have to make application to magistarte for permission to travle abroad . the magistrate after considering your application will grant permission under terms odf notifcation of 1993 .
ajay sethi
(Expert) 11 June 2012
you have to make application to magistarte for permission to travle abroad . the magistrate after considering your application will grant permission under terms odf notifcation of 1993 .
ajay sethi
(Expert) 11 June 2012
By the Notification dated 25th August, 1993, the earlier Notification was substituted granting exemption to the citizens against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India and who produce order from the Court concerned permitted them to depart from India, from the operation of the provisions of Clause (f) of Sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely,
(a) the passport to be issued to every such citizen shall be issued;
(i) for the period specified in order of the Court referred to above, if the Court specifies a period for which the passport has to be issued; or
(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;
(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period of validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.
(b) any passport issued in terms of (a)(ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not traveled abroad for the period sanctioned by the Court; and provided further that, in the meantime, the order of the Court is not cancelled or modified;
(c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh order, specifying a further period of validity of the passport or specifying a period for travel abroad;
(d) the said citizen shall give an undertaking in writing to the Passport Authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued.
10. In view of the aforesaid Notifications by the Central Government, it is clear that the citizens against whom criminal cases are pending are made exempt from the operation of Section 6(2)(f) provided they produce orders from the concerned Court permitting them to travel abroad subject to the terms and conditions mentioned in the Notifications
Devajyoti Barman
(Expert) 12 June 2012
The moot point for consideration whether there is any chance of abscondance of the accused person or not.
If the accused person has got permanent place of residence and the conduct of the accused person during investigation and trial was not alarming and the travel abroad is necessary for the purpose of livelihood or medical treatment then the court would surely allow for issuance, renewal of passport for traveling abroad.
Shonee Kapoor
(Expert) 19 June 2012
The question is about section of CrPC. You have to put an application w.o any section as in no section it is defined.
However, if bail is granted subject to certain conditions, you can apply for the modification of those conditions.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
