False 498A and Passport issues
My wife filed a false 498a Fir case against me.Also my father in law filed a false 506(1) IPC case against me and I have filed a counter fir against it.Regarding both cases,I got AB and appeared before police daily and got relaxation from High court.Also as per High court order,I have surrendered my passport before local court (as I am being NRI).In Both cases,Police has filed charge sheet before trial court,but we are not receiving any summons from the court for appearance?My doubt, do my father in law can delay court proceedings my paying low bata fees?Now I am in position to join back work abroad because of my housing loan 50K per month to pay.How to get back my surrender Passport from High court?What are the other possibilities,opponents try not to leave me India?
Individuals can delay court proceedings, but that too by appearing in the court. Lawyers sometimes ask for extensions, not turn up, present arguments slowly, may come up with new discoveries but for all that he has to appear in front of the judge. A person cannot delay summons. The reason why the court has not summoned you can maybe because your case is at the end of the cause list and your chance hasn’t come.
The Court has the jurisdiction to impound any documents of the accused person if they deem fit (S. 104, The Code of Criminal Procedure, 1973). However in the Supreme Court of India in the Suresh Nanda v. C.B.I. case (AIR 2008 SC 1414), it was said that police cannot seize the passport unless they send the reasons for their action to the Passport Authority of India. The case also laid down that as per S. 104 of CrPC, the court cannot impound passport of an individual. Passport can only be impound under S. 10(3)(d),(e),(h) of the Passport Act, 1967.
You can cite this case before the Court to get back your passport. But still your situation could be hit by the above mentioned clauses of the Passport Act. Therefore it is up to the Court to decide what is to be done with the Passport. If you are unhappy with the judgment of the court, you will have to freshly file a suit using the above mentioned provisions of law.
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