Obtaining of passport while criminal case is pending in cour
Athi Vishal HD
(Querist) 18 May 2020
This query is : Resolved
Dear Sir/Madam, im working in State Govt. Im facing 498A, 504,506 Ipc case which is under court trial since past 7 yrs. im planning to visit German by Dec-2020 with my Sister. If I applied for passport, is it necessary to take permission from court? is it also necessary to take permission from court to travel abroad?
Raj Kumar Makkad
(Expert) 18 May 2020
If your passport is deposited with the Court then it is mandatory to get the same released by disclosing true facts and if the passport has not been taken into possession either by the police or by the court in the said case and you have intention to return back within a short period and prior to next scheduled date in the aforesaid case soon after your visit to abroad then there is no need to have such permission.
One more situation may also be there. You might have been provided bail on the condition that you shall not leave the country withut prior permission of the Court then you are certainly required to obtain such permission.
Guest
(Expert) 19 May 2020
Your Advocate could seek Permission in the Concerned Court Or the Appellate Court Under Section 317 Cr,PC and Section 205 Cr P.C which ever is applicable to Travel Abroad .depending on the Case Status... Discuss with al Local Good Senior Advocate.
Guest
(Expert) 19 May 2020
For your Reference -- On June-19-2019= The Chandigarh Appellate Court had granted Permission to the Accused Guneeta Grover to travel abroad for 15 days who had been booked Under Sections-- IPC 420, IPC 467, IPC 468 IPC 470 and IPC 120 B at PoliceStation 26 -- Chandigarh
Guest
(Expert) 19 May 2020
Even for applying for Fresh / New Pass Port the Concerned Court's Permission would be mandatory. in the case of Applicants against whom the criminal cases are Pending and he/she should also submit a copy of Gazette Notification and Proforma Undertaking to be submitted by him with a covering letter directing him to fulfil the Gazette Notification.On submission of the same his/her PassPort application would be processed and the Passport would be released as per the Provisions of of the GSR 570 (E) dated 25/08/1993 and the Contents of the Court Orders.
Guest
(Expert) 19 May 2020
Discuss with a Local Good Senior Advocate and a Senior PassPort Agent at the concerned PassPort Office.
Guest
(Expert) 19 May 2020
As the Case is is Trial for nearly 7 years as mentioned by you there could not be much objection that could be raised by the Public Prosecutor and at the most he could say that case is at completion stage and your Expertise Advocate would handle it Effectively
Guest
(Expert) 19 May 2020
Apart from all this When a Government Servant applies for leave for going abroad on a Private Visit the Prior Permission of the Competent Authorities of Department he serves is also mandatory.
Raj Kumar Makkad
(Expert) 19 May 2020
The Punjab and Haryana high court has held that courts hearing criminal cases cannot order surrender of passport as condition for granting bail.
A bench of justice Daya Chaudhary said the authority to impound passports lies solely with the passport authority under Section 10 (3) of the Passports Act, 1967.
The bench was hearing a petition of senior Air India pilot Anila Bhatia, a resident of Gurugram against whom the local police filed a cheating and misappropriation case in August 2017. She was granted bail in September 2018, with a condition that she would surrender her passport and would not leave the country without prior permission of the court.
The petitioner had told the court that she does not know in advance as to which country she would have to fly and on which flight. It would thus be difficult for the petitioner to approach the trial court on each and every day to seek prior permission in a short span of time as she was given a break of only two-three days before flying abroad, she had pleaded.
Raj Kumar Makkad
(Expert) 19 May 2020
In the light of the aforesaid judgment, even if the passport has been deposited by the court at the time of granting the bail, the same can be got released, however, prior permission to leave the country should be duly obtained as already suggested.
Rajendra K Goyal
(Expert) 19 May 2020
Section 6(2) of the Passports Act lays down the grounds on which the passport authority may refuse to issue the passport, and it is reproduced as under:
“(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of Section 5 on any one or more of the following grounds, and on no other ground, namely:—
------
----
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
Allahabad High Court on 09.01.2019 in the case of Ravinder Nath Bahargava Vs. State of UP has rules as under:
15. A careful reading of aforesaid provisions of the Passport Act and notification dated 25.08.1993 in the light of it's legislative backgrounds as mentioned above, it is clear that passport or travel document of a person, who is facing trial can be refused by the authority concerned during pendency of his criminal case, but there is no statutory bar for giving no objection by the court concerned. No hard and fast straight jacket formula can be laid down regarding issuance of permission or giving no objection by the court concerned. It is always discretion of the court concerned and depend upon the facts and circumstances of each case, act and conduct of the accused as well as nature of alleged offence committed by him and stage of trial, etc. Some time on account of enmity or ill will one party enmesh the other party in a frivolous criminal case to settle his personal score, therefore, in the interest of justice, it is necessary to consider all aspects of the matter and surrounding circumstances while granting or refusing the no objection for renewal or reissue of passport or travel documents by the court concerned.
16. In the present case in hand allegation and charges levelled against the applicant by the complainant can not be said to be grave or henious in nature. The criminal case against him is also not related to public importance at large. The applicant is already on bail, therefore, considering the facts of this case and nature of allegation against the applicant, I feel that applicant has made out a case for allowing this application.
Rajendra K Goyal
(Expert) 19 May 2020
For issue of Passport, permission of department is mandatory, proceed to get the same.
Pray the court to allow you to apply for the passport to get it issued as the case against you is not grave or heinous and is not of public importance at large.
P. Venu
(Expert) 19 May 2020
As I Could understand, the author is only concerned with obtaining the passport. As criminal trial is going on against him, he need to obtain NOC from the Court and the passport would be granted on the terms set by the Court.
Raj Kumar Makkad
(Expert) 19 May 2020
You not only need to obtained departmental permission for visiting abroad but also the permission of the court in the given facts.
T. Kalaiselvan, Advocate
(Expert) 19 May 2020
It is pertinent to obtain permission from court to get the passport from the authorities.
The passport will refuse to grant the passport without court permission, the court also may permit the issuance of passport for a limited period i.e., for one year only during the pendency of the criminal case against the applicant.
Similarly, if you are an accused standing trial in a criminal case, you are required to apply for court permission to travel abroad (for a short period).
Rajendra K Goyal
(Expert) 21 May 2020
Departmental permission is required for getting a passport and also for visiting abroad both.
