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498A fighter (Sales & Marketing professional)     30 December 2015

151 cpc in criminal court

Dear all,

Can we file petition in criminal court under section 151CPC?

I am not sure which section to use to seek court permission for passport reissue in criminal court where a criminal case is pending.



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     30 December 2015

Civil proceeding has nothing to do with this . You have file petition under 451 crpc for return of documents or property.

SAINATH DEVALLA (LEGAL CONSULTANT)     30 December 2015

If a criminal case is pending against U in any court( I PRESUME 498A),U can be issued a passport subject to a condition that U enclose a writtten permission from the court, subject to the conditions mentioned in the court order as per GSR 570 (E).

T. Kalaiselvan, Advocate (Advocate)     31 December 2015

For applying permission from court for re-issue of passport during the pendency of a criminal case, you can just file a petition without mentioning any section or provision of any law.  Just file a petition seeking permission of court for re-issue of passport during pendency of criminal case No......, the court will, after hearing you and the public prosecutor shall pass suitable orders s per the circumstances of the case.


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