How to apply for passport if case is pending in court

76 votes

If you have a pending court case and wish to apply for a passport, you may need to obtain permission from the court before applying.

To apply for permission from the court, you can follow these steps:

1. Draft a request/application: Prepare a written request or application explaining your need to apply for a passport and seeking permission from the court. The application should be accompanied by a copy of your passport application and any other relevant documents.

2. Submit the request/application to the court: File the request/application with the court that is handling your case. You may need to pay a court fee for filing the application.

3. Attend the court hearing: Once you file the request/application, the court will schedule a hearing. Attend the hearing and provide any additional information or evidence requested by the court.

4. Obtain permission from the court: If the court approves your request, you can proceed with your passport application. If the court denies your request, you may need to explore other legal options or wait until your case is resolved.

Once you obtain permission from the court, you can apply for a passport by submitting your application and supporting documents to the Passport Seva Kendra (PSK) or Regional Passport Office (RPO) in your area.

LawRato LawRato

763 votes

simply you have to move an application before concerned H'ble court where case is pending, conataining tha specific reansons as to why you are required passport,then after court will decide whether your application is satisfactory or not and pass necessary orders.

LawRato LawRato

595 votes

Yes the accused can apply for passport and can go abroad but he has to take permission from concern court simply by putting an application with relevant documents and reason for the same. Then court will permit and the same order the accused have to submit to passport office.
Thanks.

Advocate Abhijeet Murari Birajdar LawRato

771 votes

Hi,
Your cousin can apply for fresh or reissue of passport .If he has been charge sheeted under criminal case ,he has move the court with all the relevant document and provide surety as required by the court.On the other hand if he has required documental proof ,Proof of residential address for the last 6months and all relevent documents required by passport authrities, he can apply for the passport.There is no difficulty for obtaining passport in the normal case.
Adv.ambrose leo
Amravati

Advocate Ambrose Leo LawRato

697 votes

Hello.
G m.
U will have to make application before the court where the matter is pending with appropriate prayers.
The said application should contains the details of ur case and the itenary of ur visit to Dubai.
Regards
Vinit jain

Advocate Vinit Vinod Jain LawRato

92 votes

Getting a passport when a criminal case is pending can be a complex process. Here's a summary of the steps and considerations:

1. Court Permission: If you have a criminal case pending against you, you generally need court permission to obtain a passport. This applies to both new passport applications and renewals.
2. Criminal vs. Civil Cases: While the need for court permission primarily applies to criminal cases, having a civil case against you may not directly affect your passport application.
3. Application Process: To get a passport when a criminal case is pending, follow these steps:
   • Consult with your legal counsel to understand the specific requirements and procedures in your case.
   • Petition the court for permission to apply for a passport. Provide valid reasons, such as education, work, or family obligations that necessitate international travel.
   • The court will review your petition and grant permission if it deems your request valid.
4. Passport Issuance: Once the court grants permission, you can proceed with your passport application through the usual channels. Provide all required documents and attend appointments as necessary.
5. Documentation: Be prepared to submit relevant court documents, including the order granting permission, as part of your passport application.
6. Timelines: Keep in mind that the process may take time, and the court's decision may vary based on your case's circumstances.
7. Pending Criminal Case: If your passport is issued, it may have limitations, such as being a Short Validity Passport. This passport allows you to travel but may require you to return to India promptly if summoned by the court.
8. Consult Legal Experts: Given the complexities involved, it's advisable to consult with legal experts who can guide you through the process and help you navigate the legal requirements.

In summary, obtaining a passport while a criminal case is pending requires court permission. Civil cases generally do not affect passport applications. Seek legal counsel and follow the appropriate legal procedures to apply for a passport in such situations. Your passport may have limitations, so it's crucial to understand and comply with any conditions imposed by the court.

Advocate Chikirsha Mohanty LawRato

114 votes

To clear the charge sheet, the accused must first ensure that he/she has the necessary documents. The PCC (Police Clearance Certificate), also known as proof of good conduct, is essential.

Advocate Chikirsha Mohanty LawRato