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amit (b)     20 April 2010

can i get passport if criminal case pending against me

Dear sir/madam

I am working in a firm. in future may be i have to go abroad. One case is pending against me in court against 420, 467 & 468 of Rs. 10,000/-. Can I get the passport becuase in passport form one clause is that if any criminal case is pending then i have to attach no objection certificate from competent court. what is the procedure for getting noc and from which court i can get it or it is required with passport from or when pasport office demanding from me than i have to provide. please consult me as soon as possible. And who is competent court.



Learning

 8 Replies


(Guest)

competent court is the court ,where the proceding is running of your case.

for getting n.o.c.give application in the concerned court.with the halp of your advocate.

bhagwat patil (Property due diligence 9422773303)     21 April 2010

no u will not get .let the matter before court be decided first.

amit (b)     21 April 2010

Dear Madam

I apply for noc from concern court. But megistrate said that show the rule where this mention that noc from competent court require for passport if case is pending. so can you provide the rule because my advocate have no idea for this type of application.

Thanks

Bidhan Dave (Advocate)     22 April 2010

Apply for the passport & if passport authority refuses to give passport to you, in that case you can appeal against such refusal to the higher authority.

Ashis (Advocate)     23 April 2010

In the passport application form it is specifically mentioned that you need to get an noc from the court if there is a pending case.

hope it helps


(Guest)

mr  amit.

u  already mention that  there is clouse in passport form that they need  noc  buy competant court. u can shaw the form to the magistrate.

if he still not convans then ask to the passport authority from where u can get that noc apart from that court ,

and second thing its a dicision of court [depand on fact and cecomstances of the case] in your case ,wether u can get the noc or not?

i hope it help u..........

Pavitar Pal Singh (-)     11 September 2010

Dear Bro

I had a passport earlie and some one from my known got a fake case registered against me U?S 324, 326 of IPC...I had a passport earlier and now as my passport was damaged...I applied for a duplicate passport...The Passport office sent me a show cause notice that i supressed information...The case which was tried to put me behind bars was cancelled in the police investigations...Now its 4 years back that fake case was registered..

The police deppt. cancelled the case after investigating twice..\

I neber recieved any Summons or warrant or notice from any court for the same..

 

Now as i applied duplicate passport, the Passport authorities denied passport and sent me a show cause notice..

Plz tell wat to do..and how to get duplicate passport..the passport authrity ina show cause notice says that MY Police Report is ADVERSE...

whre to go..court or wat

?

Pvitar  

Navneet Jindal (------)     03 May 2016

Hi Pavitar Pal,

If you have any complaint pending against you with police and not in any court then the passport authorities cannot refuse to issue you passport on this ground. In this case you can approach Hon'ble High Court which has jurisdiction. you can file petition in high court for directions to the passport authorities.

Regards

Navneet Jindal

Advocate

@ Amit PFA the file which is a latest decision of Hon'ble Punjab and Haryana High Court which will help you in this subject i.e. CWP No.1719 of 2016 Date of decision:28.01.2016 Aman Mahajan Vs Union of India


Attached File : 198210 20160503191650 30960014 aman mahajan vs union of india ors on 28 january 2016.pdf downloaded: 450 times

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