Legal procedure
manjunath kini
(Querist) 11 November 2009
This query is : Resolved
Dear sirs,
How i can bring back any person, who is not in india ., back to india for investigation of case or for hearing..if he is not ready to come back to india.
manjunath kini
(Querist) 11 November 2009
dear rajeev,
no repy., it is blank
Raj Kumar Makkad
(Expert) 11 November 2009
Individual person cannot do this. Prosecution has wide powers. The help of interpol can be taken and red corner notice can be got issued through criminal court for this purpose vide which the local police of the country with whom India has treaty can deport the citizen of India, if he is required in any criminal case in India.
Mani Narayanaswamy
(Expert) 11 November 2009
You can file application under the Indian Passports Act to impound his passport.
manjunath kini
(Querist) 11 November 2009
dear mani,
what do you mean,by impound his passport
Sachin Bhatia
(Expert) 11 November 2009
THE PASSPORTS ACT, 1967
Sec 10 10. Variation, impounding and revocation of passports and travel documents
(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,-
(a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;
(b) if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;
(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;
(d) if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.
(f) if any of the conditions of the passport or travel document has been contravened;
(g) if the holder of the passport or travel document has failed to comply with a notice under sub-section (1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.
Kamal Grover
(Expert) 11 November 2009
Maju ji, plz also mention ur complete detail of ur case and status of the same, for any other assistance.
Regards
adv.kamal.grover@gmail.com
Suhail suhail
(Expert) 11 November 2009
The answer is what is mentioned by Mr. Raj,that is only way out and or nothing else can be helpful to you.It is unfortunate that time and again i requested that if anyone want a suggestion or reply regarding the laws or cases,at least provide synopsis of the case,to get the proper response.As has been mentioned by Mr. Kamal Grover,i would like to address to the administrator of this site to formulate the conditions for submission of any query,or seeking an assistance.
