Regarding getting of passport in criminal case 438 (cheating case)

Tilak Marg Forum for Legal Questions Forums Criminal Law Regarding getting of passport in criminal case 438 (cheating case)

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    • #1193

      Sir,

      I have seen your messages about doubts in cases, based on that i am writing to you.I am from south india,recently a case filed on me by 2016 under section 438 and i had taken anticipatory bail.

      I have to tell you the whole picture may be then only you can get idea about the issue..i am a consultant and doing work in india and abroad,some how i got new rivals from other consultants and clients and they pre planned and kidnapped me from airport and tortured me from couple of days taken my belongings,cash,passport and later i abscond from them and went to safe place,in the mean time in my absence the other clients who are about to join in abroad got false message from them and they made those people to complaint against me. i have taken anticipatory bail and staying safely some where and searching for job.the main problem is my age is 40 and i am not getting good jobs with good salary,but i am getting good salary in abroad,i am thinking to go abroad and work.

      now the problem is how to get my passport from those people,if i try i may caught again by them and this time they wont leave me.

      the other option is i can try by saying lost my passport and reissuing that, in this case how much chance is there to get my passport where i didnt even get my summons from court…

      either i can reapply without sating in the passport application form about my case,because i didnt issued summons till now.

      kindly suggest me sir…what to do..at any cost i have to get passport.

    • #1195

      You have mentioned that you were kidnapped and your documents, including passport, were snatched. I hope you would have filed a police case in that incident. If not, file that case, and report to the police about how you have lost the passport. The police can try to recover the passport from those responsible people.

      In any case, if your passport is lost, you are required to immediately inform the nearest police station and and the passport office.

      Thereafter, on the basis of the lost passport, you can apply for re-issue of the passport. You may contact the passport office for details or search the website http://passportindia.gov.in/ for more details.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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