Legal Question in Criminal Law in India
Passport impounding
I have filled 498a against my husband, he is working abroad on work permit.He is shown Absconder in charge sheet, hence court is not issuing arrest warrant against him.Kindly guide me what is the process to get arrest warrant against him and help me to also get the orders for his passport impounding, or any method for extraditing him to India.
5 Answers from Attorneys
Re: Passport impounding
You may make a request to the police/court to issue a look out notice and send the same to the airports and the inter-pol.
Besides, you may obtain a certified copy of the FIR and send the same to (a) the Embassy of country where he is working; (b) the police of that area; and (c) to his employer.
Re: Passport impounding
My learned colleagues have already replied.
Re: Passport impounding
If he is declared as an absconder. You can pursue attaching his propterties and bank accounts in India.
In that case, there will be no need to get arrest warrant.
Re: Passport impounding
Apply to the trial court. Failing there, approach higher court.
Re: Passport impounding
While procedure suggested by Shri Goel & Shri Nahar is ok,certain points need to be clarified to be successful in the proceeding.
(i) Wherther there is a real case for applying 498a or it is only presuure tactics?
(ii) Why accused is shown as absconder in the chargesheet filed by the police? Whether fact that the accused is working abroad was concealed from police/court?
(iii) What is the intention to seize/impound the passport?
Pl. contact personally on cell phone 09426334688..
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