Legal Question in Criminal Law in India
i applied for passport 3 months back but i have a court case pending against me under section 294, 506 and sc-st act. to get a passport i need get noc from district court i filed an application for it but due to strike of lawyers i was given the next date 12/11/13. but i need go abroad in october-november for further studies. i also filed an application for urgent hearing of my passport application but judge refused saying that in an criminal case i can'nt give any urgent date. the judge is also not rejecting my application. if i dont get passport in 15 days it will ruin my one year i will have to sit at home. so i want to know that if i can directly file an application for noc in high court(punjab and haryana) without wating for decision at district court citing my urgency? what are my chances of getting a noc???
1 Answer from Attorneys
Since a criminal case is pending, the court may restrain you from leaving the country. Therefore, getting passport may not help. You may better try to expedite your case and get the trial concluded on priority basis.
An application may be filed before the High Court, on the basis of your admission abroad, for directions to the trial court to expedite hearings.
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