Legal Question in Criminal Law in India

getting back an impounded passport

Hi, Iam a H1-B visa holder working for a company in USA. Last month I visited my parents at Chennai. Me and my brother just had only a wordy dual over a small issue. Immediately my brother went and filed a criminal complaint and a case stating that I slapped him inside the room. The police and the magistrate impounded my passport under section 10 of passports act(i.e. pending criminal case). How should I get back the passport? I have already crossed the vacation limit set by my company at US and I might loose the job and everything if I dont go back in another 1 montth. How to get back the passport to be released and what is the legal procedure?


Asked on 3/30/07, 6:19 pm

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: getting back an impounded passport

move an application for release of passport before the concerned magistrate with the undertaking that you will return to india whenever the court requires.

the passport should be released but its the discretion of the judge.

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Answered on 3/31/07, 5:31 am

Re: getting back an impounded passport

Move an application for release of passport but in that case you should obey the direction of court like undertaking for your appearance in court or deposit of security.

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Answered on 4/02/07, 1:49 pm
mrugank patnaik msnp

Re: getting back an impounded passport

try to compromise the criminal case with your brother.

then try to get back passsport.

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Answered on 3/31/07, 12:46 pm


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