Legal Question in Criminal Law in India

How will passport be revoked?

Last year, in a fight between my husband and his brother, my husband's brother slapped me for no reason and he ran away to usa. I filed a complaint and the vijayawada court summoned him at his usa house address. He accepted the summons but didnt show up and so the court issued a non bailable warrant for contempt of court and now arrest warrant is pending against him. How to get him arrested in usa? How to revoke his Indian passport? what is the proper way to revoke his indian passport and force him to come to india? He is in usa on a working visa. My advocate says that if the indian passport is impounded/revoked an indian cannot stay in usa without valid passport. How to force him to come to India and face the legal proceedings? How long does it usually take to get his indian passport revoked and how to do?

Just because he was angry with my husband, he hit me & I got 5 stitches on my face. Please help me on how to make him to come to India and face the court proceedings? One advocate says that it is very difficult to bring him from usa. Another news is that his indian passport is about to expire in another 6 months and how to prevent him to get his indian passport renewed? If he cannot renew it he will be forced to return.

Asked on 6/18/07, 4:15 pm

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate
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Re: How will passport be revoked?

You can not insist on physical presence of an accused. An accused can face a trial through his duly instructed advocate and can appear physically only on Judgement day. For matters like yours, it is very unlikely that passport of your brother-in-law would be revoked or impounded or not renewed.

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6/18/07, 11:40 pm
Alok Sharma Alok Sharma & Associates
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Re: How will passport be revoked?

It is really dificult to revoke / impound / cancel his passport. however you have mentioned that non-bailable warrants have been issued against him. Ask your advocate to move the court for proceeding under Sec. 82 / 83 Cr.P.C. for declaring him proclaimed offender. His property, if there is any in India, can be attached and sold and amount forfieted. There are some other aspects which do not concern you at this stage.

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6/19/07, 12:19 am
Vivek Mapara Mapara Law Firm
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Re: How will passport be revoked?

A passport can be revoked on the ground of pending criminal case and non-bailable arrest warrant. Send certified copy of complaint with the order of Magistrate of arrest to the passport authority, and also to the US embassy.

It is no doubt difficult to secure his presence in india, execpt he willfully comes to india, or through an deplomatic order.

At this juncture merits of complaint are not required to be gone into.

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6/19/07, 5:37 am
G. M. Gupta gmguptaandassociates
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Re: How will passport be revoked?

its difficult to bring people who are criminals but the civilians can be brought back by legal actions.

you have orders of non bailable warrents. get the orders of service of summons to the accused through indian embassy.

get the orders to not to renew his passport and send it to passport authority.

send such orders to every known place of him and u may get positive result.

it will take sometime but it will be done.

FOR FURTHER AND DETAILED ADVICE PLEASE CONTACT WITH PAPERS (IF ANY). CONSULTATION CHARGES WILL APPLY.

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6/20/07, 9:49 am

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