• Can I renew my Passport if I have pending a case against me

Hi 

A business partner has put a fake 420 FIR on me last year and paid to police to arrest me . Luckily I was not arrested and I took anticipatory bail and also challenged the FIR in High court who gave stay order ..After which I have not received a date in High court and the case is still pending..Now because of Stay order police couldn't do anything and I had travelled abroad also 3 times for work .

My question is my passport is getting expired.Can I renew it or I have to inform the court and take permission even if there is existing stay order
Asked 3 months ago in Criminal Law
Religion: Hindu

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6 Answers

As you have rightly indicated, inform the Court and take permission for renewal of the passport even there's an existing stay order.

Shashidhar S. Sastry
Advocate, Bangalore
5424 Answers
330 Consultations

You can get your passport renewed by applying for reissue of the same. 

You may have to include the details of pending case against you which will then match with the police clearance certificate. 

If the passport authorities refuse to reissue the passport you can approach court seeking direction to concerned authorities to reissue the passport with or without any condition. 

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

Merely because case is pending is not ground to deny renewal of passport 

 

The Bombay High Court recently held that just because a person is under trial in a criminal case, they cannot be denied permission to renew their passport. [Nijal Navin Shah v. State of Maharashtra and Anr]

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

Since the case is stayed you will have to seek  permission from the high court so that it directs the lower court to hear such permission for the purpose of grant of permission to get passport for a particular period. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

- As per Karnataka High Court , Passport Authority Can't Refuse Renewal/ Re-Issue Citing Pending Criminal Investigation Where Cognizance Is Not Yet Taken.

- Further, as per Delhi High Court, Passport Renewal Cannot Be Denied Citing Criminal Case If there Is Permission From Court .

- Hence, the passport authority cannot deny to renew the passport , however there may be requirement permission of the Court. 

- You can move an application before the trial court /high court for getting permission of the same, if the passport authority refuse to renew the same on the pending cases. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Dear Client,

In your case, because there is a pending FIR under Section 420 IPC (now section 318 of the BNS, 2023), you shall have to go through particular legal procedures as entailed by the law of India on renewal of passports. A case already pending under the provisions of the concerned court requires notice to the said court regarding the renewal of a passport and obtaining permission therefrom. Even though you have a stay order on the FIR and are allowed to travel abroad, this exempts you not to getting permission for passport renewal.

File an application in the court where your case is pending seeking permission to renew your passport with reasons and an explanation of the circumstances. Such permission by courts generally remains valid unless there is a strong reason to reject the permission. Meanwhile, you should state that you have an already pending case and anticipatory bail for applying to renew your passport so as not to face legal complications later. This procedure, if not followed, might result in refusal of renewals or some legal repercussions.

Therefore, it is preferable to take permission from the court to comply with legal procedure requirements.

I hope this response is beneficial for your situation. If you still have any further queries regarding this matter, do not hesitate to contact us again.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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