Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
YOGESH @ BHURIYA HARIKISHAN PATEL Vs STATE OF GUJARAT - Gujarat
"].YOGESH @ BHURIYA HARIKISHAN PATEL Vs STATE OF GUJARAT - Gujarat
"], ["Court on its own Motion vs P.C. Chourey - Delhi
"].The process also includes issuing show cause notices to the accused, allowing them to respond before any cancellation or suspension of passport ["2022 0 Supreme(Kar) 438"].
Legal Basis and Court Involvement:
The passport authority's role is to act on court orders or directives from judicial authorities. If a warrant or court order is issued, authorities are expected to suspend or cancel the passport accordingly, often after issuing a show cause notice to the individual ["1962 Supreme(Online)(Gau) 2"].
Additional Insights:
Summary:To file for passport cancellation against a party who is an accused with an issued warrant, the process involves obtaining a court order or warrant, issuing a show cause notice to the accused, and then acting on the judicial directives to suspend or cancel the passport. Authorities are required to follow due process, ensuring the individual’s opportunity to respond, and must act within the scope of legal provisions and judicial instructions ["1962 Supreme(Online)(Gau) 2"] ["2022 0 Supreme(Kar) 438"] ["2023 Supreme(Online)(KER) 33011"].
In today's interconnected world, travel documents like passports are crucial for personal and professional mobility. But what happens when someone is accused in a criminal case and a warrant is issued against them? Can the opposing party push for passport cancellation? This is a common query in legal circles, especially in India where criminal proceedings often intersect with administrative actions on passports.
If you're wondering how to file for passport cancellation by the opposing party due to the accused having a warrant issued against him, this post breaks it down. We'll explore the legal framework, procedures, court insights, and practical considerations. Note: This is general information based on legal principles and case references; consult a qualified lawyer for advice specific to your situation.
Passport cancellation is primarily an handled by the Passport Issuing Authority, such as the under the (MEA). It's governed by the , particularly Sections 6(2)(f) and 10, which allow impounding or revoking passports on grounds like criminal proceedings, pending cases, or risk of fleeing justice.
Unlike arrest or , which fall under criminal procedure laws like the (CrPC) or (BNSS), passport cancellation isn't a direct judicial step in trials. The provided legal documents emphasize that passport cancellation is an , not a criminal procedural step 2024 5 Supreme 30. It's typically initiated based on inputs from police, courts, or investigating agencies like the (ED) under the (PMLA).
Key grounds for cancellation include:- (NBW) issued against the holder.- Accusations in serious crimes where is evident.- Court orders directing surrender of passport.
The opposing party (complainant or prosecution) cannot directly file for cancellation like a court petition. Instead, they can:1. Inform the Passport Authority: Submit a representation to the (RPO) with details of the case, FIR, warrant copy, and reasons for cancellation. Reference , which mandates a hearing opportunity.2. Approach the Court: During proceedings, request the trial court to issue directions for passport impoundment or surrender. Courts often include this as a bail condition.3. Via Investigating Agency: If police or ED are involved, they can forward (LOCs) or requests to MEA for .
Procedures are not explicitly detailed in criminal codes but follow administrative rules. Authorities must provide a and reasoned order, upholding due process under 2025 0 Supreme(Telangana) 1790. Mere pendency of a case doesn't automatically bar passport services; the mere pendency of criminal proceedings cannot bar passport renewal 2025 0 Supreme(Telangana) 1790.
When a (NBW) is issued, it signals the accused's non-appearance, heightening concerns. Documents note: the trial court simultaneously issued a (NBW) against the petitioner 2025 0 Supreme(Telangana) 1790. This can trigger passport alerts, but cancellation requires separate action.
Under PMLA, post-cognizance of a complaint under Section 44(1)(b), ED cannot arrest under Section 19, but administrative steps like passport curbs remain possible 2024 5 Supreme 30. Warrants secure presence via first, escalating only if ignored 2024 5 Supreme 30.
Indian courts balance the right to travel (part of Article 21) with public interest. Key precedents:
Renewal Despite Pending Cases: In a case where a petitioner faced criminal allegations from a matrimonial dispute, the court ruled that mere pendency of criminal cases cannot infringe upon this right, provided due process is followed. The delay in renewal was deemed arbitrary, directing issuance for one year 2025 0 Supreme(Telangana) 1790.
(PCC): Even with pending cases under , 465, etc., courts have directed PCC issuance with disclosures. A Police Clearance Certificate can be issued even when criminal proceedings are pending, as long as there are proper disclosures regarding the case 2023 Supreme(Online)(KER) 7261. Prior court permission for travel supported this.
Bail and Passport Surrender: Courts frequently impose passport surrender as a condition. For instance, in drug-related bail grants: surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect 2025 Supreme(GUJ) 323 2025 Supreme(GUJ) 391 2025 Supreme(GUJ) 536 2025 Supreme(GUJ) 138. This ensures presence without full cancellation.
and Warrants: Post-NBW execution leading to , courts direct passport deposit: his passport before the Court below, if not already seized by the police
.
These rulings show courts prefer conditional measures over outright cancellation unless justified.
In bail applications under or , judges assess , evidence tampering, and case. Common conditions include:- Surrendering passport within a week.- Not leaving India/jurisdiction without permission.- Monthly police reporting.
Examples:- Drug offence bail: Granted due to insufficient evidence linking applicant, with passport surrender 2025 Supreme(GUJ) 323.- Forgery and liquor transport: Bail with conditions emphasizing no tampering 2025 Supreme(GUJ) 391.- POCSO-like case (amicable settlement): Bail despite serious charges, with passport surrender 2025 Supreme(GUJ) 536.- Corruption case: Bail post-investigation, unlikely to flee 2025 Supreme(GUJ) 538.
Breach allows warrant recall; courts can modify conditions 2025 Supreme(GUJ) 323.
For the opposing party:- Gather FIR, warrant, and case status copies.- File representation to RPO/Police/ Court.- Seek LOC if high .
For the accused:- Respond to show-cause notices promptly.- Seek court intervention for renewal/bail without surrender.- Disclose cases for PCC/renewal.
Always follow due process to avoid Article 21 violations.
Navigating passport cancellation amid criminal accusations and warrants demands understanding both administrative and judicial layers. While opposing parties can advocate through representations or courts, safeguards ensure fairness. As courts reiterate, due process must be observed in passport renewal applications 2025 0 Supreme(Telangana) 1790. Stay informed, act swiftly, and prioritize legal counsel.
Disclaimer: This post provides general insights from referenced documents and is not legal advice. Laws evolve; verify with professionals.
References:- 2024 5 Supreme 30- 2025 0 Supreme(Telangana) 1790- 2023 Supreme(Online)(KER) 7261-
- 2025 Supreme(GUJ) 323, 2025 Supreme(GUJ) 391, 2025 Supreme(GUJ) 536, 2025 Supreme(GUJ) 538, 2025 Supreme(GUJ) 138 #PassportCancellation #CriminalCaseIndia #LegalRights
The proper Procedure would therefore be for each party to file separate petitions and if a common question of law or fact arose to be decided to request that all the petitions may be heard together, so that after a joint hearing, separate orders may be issued in each of the petitions. ... In Annexure - I it was stated by the Government of India that the Passport - issuing authorities were not competent to cancel Indo - Pakistan Passports once issued and sent to the applicants and that if there were grou....
This show cause notice is issued to you due to the reason mentioned below:- This is in reference to receipt of an adverse Police Verification report corresponding to your application for Passport Re-Issue, with file No. ... He would seek to place reliance upon several office memoranda issued by the 1st respondent/Union of India from time to time concerning issuance of passport to its citizens.
Petitioner is the 1st accused in a case pending on the file of the Judicial Magistrate of the First Class-II, Perinthalmanna. ... The next question to be considered is whether the magistrate in ordering cancellation of the bail could have issued a direction to address the Passport Officer 'to impound the passport' of the petitioner. ... been committed by him and also issue of non-bailable warrant against him on cancellation of his bail, to initiate p....
However the Police Clearance Certificate is not being issued, due to the pending case and hence he has approached this Court. Rvm JUDGE APPENDIX OF CRL.MC 2109/2023 PETITIONER ANNEXURES Annexure 1 COPY OF THE RELEVANT PAGE OF THE PASSPORT
According to the learned counsel appearing for the petitioner, Non- Bailable Warrant has been issued to the first accused, but the petitioner is the second accused. In view of the above said facts the trial is not able to be proceeded with. ... of 2018 on the file of the Additional Mahila Court (Magistrate Level), Nagercoil at Kanyakumari. ... 04.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1.The Regional Passport Officer, Regional Passport Offic....
charge sheeted vide CC No.2745/2018 on the file of VI Addl. ... f) It is pertinent to mention here that as per clause 2(a) the passport can be issued to every such citizen for a specified period of time as per the order of the court and if no such time period is specified the passport should be issued for a period of one year. g) Therefore, ... or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for th....
This chargesheet was taken on file as C.C. No. 2901 of 2022, and the trial court simultaneously issued a Non-Bailable Warrant (NBW) against the petitioner. ... cannot be curtailed, and no alternative documents in lieu of the renewed passport can be issued at the discretion of the respondent authorities. ... It is also contended that the petitioner is seeking renewal of his passport so that his passport becomes valid and he can travel to India, and therefore there is n....
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court. ... to be issued to every such citizen shall be issued: (i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued. .......
However the Police Clearance Certificate is not being issued, due to the pending case and hence he has approached this Court. 3. ... Petitioner is the accused in C.C.No.185/2020 on the files of the Chief Judicial Magistrate’s Court, Thodupuzha. The offences alleged againt him are under Sections 120(b), 465, 468, 471 and 193 read with Section 34 of Indian Penal Code 1860. By an order dated 29.03.2023, in C.M.P. ... This Court had, in certain instances, directed the Regional Passport Authorities to issue ....
accused, Non- bailable warrant was issued against him. ... As the petitioner failed to make his appearance before the Criminal Court during the course of proceedings, Non-bailable warrant was issued and on execution of Non- bailable warrant, the petitioner was remanded to judicial custody. ... his passport before the Court below, if not already seized by the police. ... seeking the Court to enlarge the petitioner who is an accused in S.C.No.103 of 2....
(g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect. 8. The authorities concerned shall release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, mod....
(g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect. (I) shall not enter the District Arvalli for a period of six months. (h) shall mark presence before the concerned police station once in a month for a period of six months between 11:00 a.m. and 2:00 p.m. (f) shall not leave the territory of Gujarat State without prior permission of the Trial Court
(f) shall not leave India without prior permission of the Trial Court (g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect. (h) shall mark presence before the concerned police station once in a month for a period of six months between 11:00 a.m. and 2:00 p.m. 8. The authorities concerned shall release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will ....
8. The authorities concerned shall release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. (g) surrender passport, if any, to the Trial Court within a week. If accused does n....
(f) shall not leave the territory of Gujarat State without prior permission of the Trial Court (g) surrender passport, if any, to the Trial Court within a week. If accused does not possess passport, shall file an Affidavit to that effect. (h) shall mark presence before the concerned police station once in a month for a period of six months between 11:00 a.m. and 2:00 p.m. 8. The authorities concerned shall release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessi....
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