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Show Cause Notice from Regional Passport Office 
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Joined: Thu Apr 25, 2013 2:34 pm
Posts: 133
Hi Guys,

I have received a Show cause notice from Regional Passport Officer that their office has received a complaint that a case/FIR is registered against me U/S 498-A and 406 IPC.

They have directed me to furnish details about current status of the case within 30 days from the receipt of this letter failing which action will be initiated against me under Passport Act 1967.

Also, they have directed me to surrender above passport to their office immidiately.

My queries are:-

1. They have not mentioned my passport number in letter and what does they mean by above passport as they have not mentioned any no.??
2. Does RPO have authority to send me this show cause notice and ask about current status of the case ??
3. Whether he can ask me to surrender my passport to their office ???
4. In your view who has filed this complaint- Police or out laws ?? As there is no PP no. written in their letter, so i feel this complaint must be forwarded by the police. But still pls let me know about police or out laws ??
5. Whether passport can be impounded if i do not surrender the sam because i am damn sure if i go to meet RPO he will threaten me as has happened everywhere.

Pls reply me/guide me.


Last edited by 498aweddinggift on Sat Jun 08, 2013 8:20 pm, edited 1 time in total.



Sat Jun 08, 2013 7:00 pm
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Joined: Thu Apr 25, 2013 2:34 pm
Posts: 133
can any1 reply pls....


Sat Jun 08, 2013 8:17 pm
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Joined: Fri Dec 21, 2012 4:18 pm
Posts: 196
If you can provide addtional details some one would be able to help.
1) Which country are you located in
2) What is your legal status there
3) When was the case files
4) When did you get then notice and from which PO
5) What is the status of your case.


Sat Jun 08, 2013 8:57 pm
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Joined: Sun Nov 18, 2012 12:58 pm
Posts: 756
did you receive the letter yourself and singed the receipt? incase, you are in india.

if you have a lawyer, discuss with him. I think it will be a good idea if you can draft a reply with all the details that all the cases on you are false. Your lawyer can write it in formal reply. Do you have any plan to travel soon?


Sat Jun 08, 2013 8:59 pm
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Joined: Thu Apr 25, 2013 2:34 pm
Posts: 133
Hi Papi,
Here are the more details:-

1) Which country are you located in--- India
2) What is your legal status there--- FIR filed u/s 498a and 406. Regular bail granted with no travel condition from court
3) When was the case files --- Last year in Oct 2012
4) When did you get then notice and from which PO---- I got the notice yesterday and was received by my mother and i got this from Chandigarh Regional Passport Officer's Office
5) What is the status of your case.--- Trial is yet to be started. Police needs to file Challan in court.

@Rsaxena--- My mom received the letter and signed the receipt.....I am in india but i am fond of travelling and tats why may be the bi*ch wrote complaint to RPO or the police. I am not sure on this.

Yes, i have a lawyer and i am planning for formal reply. Yeah i have plans to travel as i am fond of travelling and i was planning to visit somewhere in Europe for a week....and this letter came meanwhile :(


Sun Jun 09, 2013 4:58 am
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Joined: Sun Apr 07, 2013 6:48 am
Posts: 59
Dear,

I also recvd the same notice, only difference is tht I do not reside in India.
My father recvd it and drafted a reply after consulting with lawyer.

rgds


Sun Jun 09, 2013 7:58 am
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Joined: Sun Nov 18, 2012 12:58 pm
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If you have a bail on no travel condition. then why do you want to travel and put your regular bail on risk.
i think your lawyer should be able to handle Passport office with a simple explanation that your trial is already on in court and regular bail is granted with no travel condition so no case of passport confiscation or impounding.
you should also confirm from passport office if they have received any intimation from MEA to take any action against you. I am not sure if passport office can take any action just on request of police or your wife by showing FIR. experts can suggest better


Sun Jun 09, 2013 8:11 am
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Joined: Thu Apr 25, 2013 2:34 pm
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Hi Rohit,

Can u pls forward me the reply u drafted for RPO at 498aweddinggift@gmail.com...
Also let me know what RPO Office did after ur reply ??? Pls let me know, this will be quite a good guidance for me....

@Rsaxena--- Yaar, i use to travel europe for official purposes too and my company will be sending me to Europe probably in a month for a meeting as already planned...Also, i dont have any condition in my regular bail on my travel.....Court never mentioned any condition in my bail :)

Well i read 1 news link yesterday where 70 passports were impounded in Jallandhar on requests of Wifes in RPO office on the bais of FIR u/s 420,498a....

@Rohit- pls pls forward me ur reply, it will be useful for me.....Thanks in advance.


Sun Jun 09, 2013 8:44 am
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Joined: Sun Nov 18, 2012 12:58 pm
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The 70 passports impounded by jalandhar PO, should not impact you. I think so. It was done for those who were proved to have abandoned their wives back in India.
Sorry, I understood wrong your sentence "Regular bail granted with no travel condition". If that is the case, you might have even more stronger point to put upfont Passport office. You can write to them that even court has no problem with your travel and respects your movement for your livelihood and survival and court entrust in your availability and presence when ever wanted.
BTW, just one idea out of blue. can you not relocate to other country on official purpose for timebeing?


Sun Jun 09, 2013 9:38 am
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Joined: Thu Apr 25, 2013 2:34 pm
Posts: 133
Hmm yes i have a good point to show that when court does not have any problems in my travel, then why u r interfering in my life and liberty ??

Between, no yaar i dont have any job outside India.....i just use to travel for official visits .....


Sun Jun 09, 2013 10:07 am
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Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
Send a letter to them stating that
* court has not imposed any restrictions on ur travel
* Matter is sub-judice
* Let passport office chandigarh honor the court orders in 'letter & spirit' to avoid undue harassment to the applicant


Sun Jun 09, 2013 1:20 pm
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Joined: Thu Apr 25, 2013 2:34 pm
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Thanks Galsober......i have added these points in my draft and will spoon feed my lawyer :)

Can any1 suggest........should i wait for surrendering the passport before i file the reply to RPO.

Then i should wait for his reply again (on my reply) and see if he again asks for surrendering of passport ??? or should i surrender it straightaway and then file a case in HC and make him a party.

I am thinking to book a online appointment too after sending the reply and also to file a RTI to RPO that how many passports they asked to surrender under FIR 498a/406.

Pls guide me......


Sun Jun 09, 2013 6:25 pm
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Joined: Fri Dec 21, 2012 4:18 pm
Posts: 196
Can any1 suggest........should i wait for surrendering the passport before i file the reply to RPO.

I am assuming you only got show cause notice. Did they also ask you to surrender the passport ? If so i think the best approach would be to approach HC.

Then i should wait for his reply again (on my reply) and see if he again asks for surrendering of passport ??? or should i surrender it straightaway and then file a case in HC and make him a party.

I am thinking to book a online appointment too after sending the reply and also to file a RTI to RPO that how many passports they asked to surrender under FIR 498a/406.

Shoot away as many RTI as possible. Any lurking proofs of PO interest in this case will comeout.


Sun Jun 09, 2013 7:29 pm
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Joined: Tue Apr 19, 2011 12:00 pm
Posts: 754
I think in the reply to show cause notice from passport office, you should include following thing,

1. Certified copy of FIR
2. Certified copy of Bail paper

And state what galsober has to say ,that matter is sub-judice and in court.


Mon Jun 10, 2013 3:36 am
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Joined: Thu Apr 25, 2013 2:34 pm
Posts: 133
Hi Papi,

They have also written like this in notice:-

You are hereby directed to surrender the above passport to this office immidiately.

>>>>>> Now the crux is they have not written any passport number in the notice, also there is no section mentioned under which they are doing this and for what reasons. I went to RPO office today, RPO was on leave and i met Deputy passport officer and assisstant passport officer. They asked me to file a reply and when i asked whether i should surrender this passport, no one from them gave me any answer. They were not confident to say yes. They both said "Dekh lo, agar karna hai kardo".

Pls suggest me


Mon Jun 10, 2013 10:27 am
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Joined: Sun Nov 18, 2012 12:58 pm
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you seem to be very eager to surrender your passport. why so? I do not suggest you to surrender your passport at all. unless it is ordered form a very higher authority like MEA. No one should be able to take your passport forcefully.
the way they were reluctant to answer your question clearly, shows that there is some "daal mein kaala". As I said in my earlier post, I dont think passport can be confiscated just on a mere show of an FIR by police or wife. PO comes under MEA and such an action should be instructed by MEA.
did you ask them , who have instructed them to approach you or even question your passport? Its not a wonder that these babus sitting in govt offices dont even know their rules and boundaries. you know how it work in indian daftars...


Mon Jun 10, 2013 10:42 am
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Joined: Thu Apr 25, 2013 2:34 pm
Posts: 133
@rsaxena---- yes dear i asked them ....who have instructed them to approach me and question about my passport. The guy in complaint section said, he cannot disclose as he is still very young and will loose his job if he answers my query.......

He asked to file a RTI and if they will be able to disclose then they will do it in RTI otherwise they will reject it under sec 8(i)(j)....

He was very ill tempered guy.....

As per me, i have drafted a reply will file the reply soon along with RTI under life and liberty to give me copy of complaint in 48 hours.
And will shoot some basic questions like

1. who filed the complaint.
2. to whom the complaint is addressed.
3. what enquiry was done regarding the complaint before issuing me this show cause notice.

Pls guide me if i can add some more points ??


Wed Jun 12, 2013 8:18 am
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Joined: Sun Nov 18, 2012 12:58 pm
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seems good.


Wed Jun 12, 2013 8:27 am
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Joined: Tue Jun 19, 2012 11:00 am
Posts: 829
constitution of india

no one should be deprived from his/her right for life and liberty :)

fight it and dont just give up buddy.

gav


Wed Jun 12, 2013 9:01 am
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Joined: Sun Sep 15, 2019 5:11 pm
Posts: 1
Hello all,

I have received a Show cause notice(email) and a letter to my residential address in India from Regional Passport Office mentioning my old passport (expired) number and new passport number that there is pending 498A case against me and asking for explanation failing which action will be taken in next 15 days

Currently I am not in India, I am in another country on office work.

I have filed absent petition in court asking for time and judge had approved the same. My advocate is appearing in court whenever required.
I have given GPA to my father, he is representing on my behalf.


My queries are:-

1. Can I directly reply to the email ?, If Yes, Can I mention as those are false cases against me, I have come to another country on work, took permission from court and will attend the cases in stipulated time.

2. Do I need to send letter or email in any particular format ?

3. Do I need to get the letter notarized with a local attorney ?

4. what are the chances of passport impounding even after replying ?

5. What are the rulings that pending criminal cases is not the criteria to impound passport or spoil the livelihood just for false 498A

Pls reply me/guide me.


Mon Sep 16, 2019 9:44 pm
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Joined: Sun Oct 06, 2019 12:07 am
Posts: 2
Hi

I received showcase notice from MEA Regional Passport Office asking why they should not impound my passport on the grounds that there is pending criminal case against me. They invoked passport act 10(3)(e)
This act clearly says passport authority has right to impound my passport.

How can i avoid the impounding.
I am living abroad and i have to travel india from next attend court on summons.

Kindly advice me.

Hypothetically if passport is impounded despite my response, can i approach court while i am abroad?
My father has power of attorney of me.


Tue Oct 08, 2019 11:12 am
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Joined: Sun Oct 06, 2019 12:07 am
Posts: 2
1) Is there any 498a case pending against u in India, at which place, when it was filed?
>andhrapradesh. 2019 january
2)did u receive any summons in that case, did u appoint a lawyer?
No. But statusin ecourtwebsite says fresh summons issued to call in accused in january2020
3) did u attend on any dates?
No. Because no summons yet
4) if u were not attending, was the lawyer filing leave petition or not? Was it permitted by court?
n/a

5) reporting to passport office can be done by the wife (the wife normally does this) or by court if u are not attending the court or not represented by lawyer or lawyer is not filing leave petition or court orders that u must be present on next date and u are not pres
Firsrt date given in next year january. I understand rpo would have Issued this notice upon wifes request.
Wifes father has good network. He would have influenced.
That is why i am afraid´╝îrpo may impound passport irrespective of response to show cause notice.
So i am considering to file petetion to stop impound.
But i wonder is that possible.


Thu Oct 10, 2019 6:21 pm
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
based on the information, it appears wife filed petition to RPO.

1) we contested our son's case,
all are acquitted.
made them pay a hefty penalty for making false claims of dowry.
please share CC No. and court name in PM so that i can see the details

2)Though u would engage an advocate locally, guidance from those
who went through such cases personally, would be of better help.

i can guide in contesting the cases, on mutually agreeable terms.

3) we also faced the problems of passport impound, 498a, DVC, divorce cases, all in our favour.

4) i guided two persons who were facing such cases. One ended up in acquittal in Jaipur, Rajasthan court and other ended with MCD, in Miyapur, Hyderabad court.

if you are interested, u may PM your case details.


Sat Oct 12, 2019 11:46 am
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Joined: Wed Dec 25, 2013 7:18 am
Posts: 126
I would say file RTI and ask all the information?

1. What is the rule the passport will be impounded?
2. Who gave the complaint?
3. Can they do without court order?

You can go to election of india website and make a list of all the criminal politicians where cases are pending and ask passport officer if passport of these people has been impounded
Then it will be easier for you in both passport office and court to keep your passport safe. You can tell them if passport of these people are not impounded why your passport is impounded. Right to equality is fundamental right


Sat Oct 26, 2019 6:05 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
why to worry about cases pending against politicians etc.

first every one has to safeguard himself from these false cases, from the passport getting impounded. it is good and important that the cases of politicians etc. must be questioned. But u should be free from trouble first.

hence first concentrate on your cases.


Sun Oct 27, 2019 3:39 pm
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
Madagascar,

i have put a PM to you. but it is not being delivered to you. check if your inbox is full. however, i am giving reply here:

could not reply immediately as i was away in an area not having internet.

1) in which State, place is your case? if it is in Telangana State and under cyberabad police commissionerate, it may be possible to find if any LOC is issued or passport is impounded etc.

2) when was the stay given by high court? whether it was for the entire case or for some of the accused like parents?

As per supreme court guidelines, stay is valid for six months only and extension of stay has to be applied after expiry of six months and extension obtained and copy filed in lower court.

3) what is the stage of the case in 498a, when filed, case No. and court? if these are given i can look in the court website.

4)why was the absent petition rejected and on which date? when is the next date? why is case proceeding when there is HC stay?

5) u said POA was given to your father. In criminal cases POA is not valid. Only special permission by way of a petition under Sec. 205 CRPC, court may dispense personal attendance of accused and permit accused to appear thru his advocate.

6) u may reply to passport office that you are co-operating with the court, that you have your roots in India and have no intention to avoid the court.

Also refer to the stay granted by HC. Attach scanned copy of HC order of stay to the mail.

unless LOC was issued on you or passport office impounded the passport, there may not be a problem when u come to India. however, there is possibility that wife party may manage the police to issue LOC. try to get information about LOC from the district police office.


Tue Dec 24, 2019 1:00 am
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