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Police Clearance Certificate for passport if criminal case pending


15-Oct-2023 (In Civil Law)
I am from Mumbai, but living in Qatar. Last year my husband went India to settle the property disputes with his cousins in Nagpur. During the final settlement discussion, some heated argument arises and it ended with mild violence. Next day police arrested my husband Magistrate denied bail and send him to jail. But next day he got the bail. He is an accused in a criminal case. Trial started and charges are framed. I am sure this trial will take at least 3-4 years. I am still in Qatar working and living with our children's. Now my husband's residency visa got expired and now he has to apply fresh for his residency visa. For residency visa he needs a Police Clearance Certificate which is issued from Passort Seva Kendra. 1. Can he get a Police Clearance Certificate when he is a accused in a criminal case and trial is going on? 2. Can he travel abroad during this trial period on visitor visa? 3. Can he apply for renewal of his passport if it is going to expire soon?
Answers (5)

Answer #1
533 votes
Dear Madam,

In your case when criminal trial going on same time during the trial your husband can file application in court for permission of travel abroad & grant of police clearance certificate, if court approve you application then same direct to police station for issue clearance certificate.

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People also ask

Can I apply for PCC if I have pending case?

It can be difficult to obtain a Police Clearance Certificate in India if you have a criminal case pending. In India, the police can decide whether to issue a PCC. They may also consider the criminal case pending in their decision.

Why is PCC rejected?

There are a few: You still have cases pending in court. Most common issues: You werent present when the police verified your documents, you didnt have the correct dates of residence, or invalid documents. Other documents such as Birth Certificates, etc. were forged or invalid.

Can a person with criminal case get passport?

If the court allows you, then you can obtain your passport. According to the new Passport rules, the applicant must get permission from the Court if a criminal case is pending in the Court of India. 07-Jul-2023

Does civil case affect PCC?

A civil case is not police business. A police clearance is required if you have a criminal case pending. PCC is not required for civil suits. If they have filed a criminal case, such as a case of fraud and if an FIR has been registered in that case then it would be difficult to get a PCC.

  
Answer #2
557 votes
yes police has not clearance certificate because found criminal case is pending before Hon'ble court.

1st apply passport renewal
2nd procedure going on
3rd verification
in case mistake they r not found in any criminal cases then passport is ready to travel.

u tell ur husband to settle the matter amicably and hostile the witnesses
then ur husband is acquittal within 3-4 dates .

Answer #3
866 votes
Yes you can get it from the police provided you have provided all the required document as per requirement of the authority.
No he can not travel abroad on his visitors visa to abroad.
Yes he can apply .
Answer #4
437 votes
Obtaining a Police Clearance Certificate (PCC) when you have a pending criminal or civil case can be challenging, as it depends on the policies and regulations of the issuing authority. Here's what you need to know:
  1. Impact of Pending Cases: Having a pending criminal or civil case may affect your eligibility for a PCC, especially if the case involves serious criminal charges. The decision to issue a PCC is often at the discretion of the police department or relevant authorities.
  2. Types of Pending Cases: The impact of pending cases on a PCC may vary based on the type of case. Serious criminal charges or cases involving moral turpitude may raise more significant concerns.
  3. Clearance from Courts: In some cases, you may be required to obtain clearance or a "No Objection Certificate" (NOC) from the relevant court or authority where the case is pending. This document can demonstrate that the case is not a hindrance to your character or eligibility for a PCC.
  4. Disclosure: When applying for a PCC, you typically need to provide information about any pending cases or convictions. Providing false information can lead to legal consequences.
  5. Discretion of Authorities: Ultimately, the decision to issue a PCC with pending cases is at the discretion of the issuing authorities. They may assess your case individually and consider factors such as the nature of the case, the outcome of the case, and your overall background.
  6. Legal Consultation: If you have a pending case and require a PCC, it's advisable to consult with a legal expert who can guide you through the process. They can help you understand the specific requirements and procedures in your jurisdiction.
  7. Time Frame: The time it takes to obtain a PCC with pending cases can vary widely. It depends on factors like the complexity of your case, the jurisdiction, and the responsiveness of the authorities involved.
In summary, whether you can obtain a Police Clearance Certificate with pending cases depends on various factors, including the nature of the cases, the issuing authority's policies, and whether you can obtain necessary clearances from the courts. Consulting with a legal expert and communicating with the relevant authorities is crucial to navigate this process effectively.
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Answer #5
351 votes
The Police will not issue a PCC in criminal cases where the court hearing is still ongoing until the verdict has been delivered and the accused acquitted.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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