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Nitin   18 April 2025

How do i get my passport back from court

Hi,

I am a Tenant & my landlord filed a false FIR & chargesheet against me. Sessions court granted me bail & asked me to deposit my Forein Passport which I did.

I filed a petition in Gujarat High court to quash the FIR and judge said :

I am of the opinion, there is merit in the matter.
Hence, Issue Notice to the respondents, returnable on
00.00.2025. In the meantime, the learned trial court is directed not to proceed further with proceedings.

(1) Does this give me a right to ask Sessions court to return my passport & if yes, what do I need to do ?

 (2) Is there a Preccedent in such a case that I can show to session court judge ?

Google search says lower court can not impound a passport if High Court gives a Stay order. 

Please advise. Thank You.



 5 Replies

Dr. J C Vashista (Advocate )     18 April 2025

Did you / your lawyer request High Court to release passport stated to have been deposited with Session's Court ?

When the Session's case is stated to have been stayed by High Court your prayer for return of passport has to considered by High court. 

Sessions Court has put a restriction for moving abroad, a condition in granting bail to deposit passport in the Court but it (passport) has not been impounded, as mentioned by you. 

What is the opinion and advise of the lawyer engaged by you, if any ?

Real Soul.... (LEGAL)     18 April 2025

Since you are facing criminal charges and until the FIR is quashed you have travel restrictions. It is beter to file application in the case in High court for release of Passport against bail bond . 

T. Kalaiselvan, Advocate (Advocate)     18 April 2025

1. Without an order by high court directing the trial court to release the passport,  the trial court cannot do so without any valid reason or a petition filed before it. 

2. You may have to rely upon your own advocate for precedent la.

You may please ascertain the fact that the trial court has not impounded your passport,  it is just kept in the court custody which will be returned to you after disposal of the case. 

Nitin   18 April 2025

First, Very Kind of all of you for your scholarly & Professional advice.

You are right, it is in custody of local trial court & not being impounded. Opposite party argued that I am a flight risk eventhough I have not gone out of India for last 30 years. So local trial court judge asked me to deposit my foreign passport as a condition of bail.

Second my High court Lawyer did not request High court to release passport.

(1) I have a date tomorrow in local trial court. ( I am not sure why they are giving me dates to appear in trial court when High Court has given a stay order & asked trial court to stop further proceedings. Am I required to appear in trial court despite a stay order from High Court ? 

(2) Can I give an application to local  trial court judge thru my current local trial court lawyer to release my passport when I appear tomorrow citing the fact that I have not travelled abroad for last 30 years & I am 75 Yr old so I am highly unlikely to be a flight risk & I have been using it for for KYC everywhere or do I have to now ask my High court Lawyer to again make a new application for release of passport ? 

I will really appreciate your advice & expertise for above two questions.

 

 

 

T. Kalaiselvan, Advocate (Advocate)     19 April 2025

If you are not having any idea to travel abroad anytime in near future, why do you insist on getting back the passport immediately, it will be safe under court custody and will be returned to you after the disposal of the case.

Your application to return the passport before conclusion of the pending case may not be entertained by court.


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