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Bharath Bhushan   10 December 2015

Court case - am i eligible to get my passport?

Dear All,

There is court case pending against me in the court which is a false case. Due, to which I'm not sure if I can apply for my passport (very essential to me now).

I am self-employed and based in Bangalore. We registered a private limited company which specialises in BPO operations in the year 2012 and we approached a few clients and consultants who offer offshore BPO projects to India. Unfortunately, we landed interacting with a con man who is politically well connected who came forward to us claiming he had offshore projects and would outsource it to us.

He duped us close 16 lakh and did not offer any offshore projects as promised, we waited till June 2013 and we made a background verification on that person (Which we should have made before interacting with him) and found that he was a con man and we asked him to return our money for which he refused to do so. (We have all the documents which make it clear that he has taken 16 Lakh from us).

Since we asked him to return our money, just to make sure we don't bother him again asking him for our money, he lodged a case against one of my friend's father and myself (For asking to return our money he lodged a case on both of us). The case details are below.

Kodigehalli Police Station

Case No: 290 / 2013

Sections: 504, 506 and 507

Every police personnel in the police station (Kodigehalli Police Station) was aware that he was a con man & still went on to register an FIR against us. (assuming since the con man was well connected with politicians, the police personnel has registered a false case against us).

We got a call from the police station stating that a case was registered against us in the month of October 2013 for which we went to police station and explained everything to the Station Inspector, for which they promised us saying they will consider this as a false case & put a "B Report" on this case. But unfortunately, the police did not put a "B Report" and called us after 6 months (around April 2014) to the police station again & informed us that the case was pending & it has gone to the court.

When asked for a copy of our statement, the police personnel denied to give us any document related to the case and finally when we insisted on some document they wrote the case number and the sections involved in a piece of paper and gave us the same.

Till date neither my friend's father nor myself have received any summons from the court but only got a call from a police personnel claiming to be the Court Police who asked us to appear in the court in the month of October 2015. When we reached the court and called Court Police, he informed that the Judge was not present that day and was off duty on that day and would call us back when there is next hearing on our case. After this we have not received any call from the court nor the police station till date (9th December 2015).

Now, I have to go abroad for my business needs for which I would need a passport. In the above scenario am I eligible to get my passport? I

f yes, It would be great if any of you can put some light on the procedure to get my passport.

If no, what will be the procedure to get my passport?

P.s: I have elaborately explained the complete situation for a better understand.

Any help and advice on this is very much appreciated and thanked.

Thanks in advance.

Bharath Bhushan



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 December 2015

The sections U mentioned are nowhere connected with UR previous business.All of them are bailable and non cognizable.But U cannot ignore the column about any criminal case against U in the passport application.That would land U into further trouble in future,in case U are convicted in the present case.

Do one thing click on the following link: https:/202.138.105.10/index.aspx. 

this is the Karnataka police case status web site,U may get the status of the complaint.

1 Like

Bharath Bhushan   11 December 2015

Hello Sainath,

Thank you for your valuable suggestion.

Can I apply for my passport? If I apply for my passport will it be cancelled?

I tried opening the link  https:/202.138.105.10/index.aspx

But unfortunately, it is not opening. Is there any other way to get information through online?

Your advice is much appreciated and thanked.

Best regards,

Bharath

Bharath Bhushan   11 December 2015

Hello Sainath,

I just found the details.

As per this website - https://ecourts.gov.in/services/

There are two cases pending, one of the case is disposed in 2013 and the other has a hearing date on 19/01/2016.

It would be great if I have can have some advice if I have to go ahead & apply for my passport or if I have to wait till the case is disposed from the court.

After the case is disposed from the court should I have to apply for a squash of this case and then apply for my passport.

Your advice is very helpful.

Best regards,

Bharath Bhushan


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