Will ipc 279, 337 has any impact on passport request ?
Tiger
(Querist) 09 October 2013
This query is : Resolved
Hello All,
I am struggling with Judicial system of this country because i don't have any info about laws.
There was a case filed against me under IPC 279 and 337. It was an road accident with my motor cycle. A girl of age 10 years suddenly came in front of my bike and got injured.
I took her to the hospital and paid initial bills at hospital but still father of that girl registered an FIR against me for insurance claim.
Insurance claim has been given to her father but "Fauzdari" case is still there.
My question is if i will charged by court, then will it made any impact on my passport request ?
Respected magistrate don't want to give benefits of section 12 to me. I don't know what they are ? When we can get benefits of section 12 ?
How should i end this case ? When i asked to my advocate to request to magistrate then he told me that if court will fined me then it will be count as criminal case and i will not get my passport. I knew that he is not sure about this.
I just want to know that if court will fine me then will it have any impact on passport request ? If, yes then what should i do ?
Thanks for showing interest in my query. Your suggestions are always appreciable.
Thanks to all members!
R.K Nanda
(Expert) 09 October 2013
if court impose fine only on you then it will not have any impact on passport request.
Dr J C Vashista
(Expert) 10 October 2013
No such affect on issuance of passport
Mayank Kumar Advocate
(Expert) 10 October 2013
hi, experts sir R.K. NANDA as you said court will do only fine it is petty offense but other side he admits his act if he punish with fine it means he is convict u/s 279,337 i.p.c after then he is called as offender in Indian law this things will effect on his character and qualification as he said magistrate does not want to give benefit of sec 12 under probation act without getting benefit of sec 12. he will be disqualify for whole life this thing may effect on his passport.
R.K Nanda
(Expert) 10 October 2013
query is related to pass port and not to his character and qualification and thus give specific reply to it only.
Mayank Kumar Advocate
(Expert) 10 October 2013
6. Refusal of passports, travel documents. etc.
(1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and no other ground, namely: -
(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India:
(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;
(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country,
(d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.
(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: -
(a) that the applicant is not a citizen of India.,
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, 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;
(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;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest
Mayank Kumar Advocate
(Expert) 10 October 2013
according to THE PASSPORTS ACT, 1967 as above i already mentioned to you don't worry i does not effect on you above rules will clear your all doubts read it..
Raj Kumar Makkad
(Expert) 10 October 2013
You shall not face any problem due to imposition of fine in the given f=case in any matter.
Tiger
(Querist) 13 October 2013
Thanks to every expert for putting their opinion here.
@R.K Nanda sir, should i go for confess as i don't want this in my life ?
Also what @Mayank Kumar is saying about impact on my character and qualification ?
Please guide me so i can go with a right and safe way.
R.K Nanda
(Expert) 13 October 2013
ur most welcome.moreover, consult local lawyer also.
R.K Nanda
(Expert) 13 October 2013
i do not want to comment on mayank kumar reply.
Tiger
(Querist) 31 October 2013
I have admit the offence and court has fined 1100 rs on me. Now I m going to apply for passport but in passport application form there is a question which I need to answer -
Have you ever been charged with criminal proceedings or any arrest warrent/ sunmon is pending before a court of india ?
What should I reply here ?
If I will say yes then will I not be eligible for passport ?
Tiger
(Querist) 31 October 2013
Plaese assist me
Sarvesh Kumar Sharma Advocate
(Expert) 09 October 2013
