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Release of Canadian Passport in 498a after LOC arrest 
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Joined: Sun Jul 13, 2014 1:33 pm
Posts: 5
Greetings Fellow Victims

My wife registered 498a on Sep 22, 2013 while i was in Canada (note that I have a Canadian citizenship taken 1.5 years ago). Mom arrested, taken to Pune from Mumbai and bailed in 3 days. Negotiation with other party on with the mediator since the past year. All the wife wants is for me to take her back which is not possible after this humility, blackmailing and mindless step taken by wife.

I was arrested during my India trip while returning to Canada at the airport as LOC was filed on Nov 2013. Was taken to Pune from Mumbai, locked up for 3 days, then bailed. Court ordered me to give hazari for 4 weeks at Pune chowkee which is completed.

Chargesheet for both myself and mother is completed and in the process of being filed and official framing of charges date given is on Oct 16, 2014

I have also put application for return of passport so that I can join work. I am away from work since almost 2 months and risk being fired. Judge at Pune court is just procrastinating the matter by giving dates over dates to issue order.

Seeking advice on
- how to manage my return of passport application
- Court rulings from High Courts on return of passports for NRI involved in a 498a

Thanks in advance


Sun Oct 05, 2014 6:25 am
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Joined: Fri Jul 26, 2013 2:32 pm
Posts: 1706
Judgements which can help you
SC SURESH NANDA Vs. C.B.I. 24 Jan 2008
DEL HC Manish Kumar Mittal vs Chief Passport Officer & Anr 5 Aug 2013
DEL HC SUMER SINGH SALKAN vs ASSTT. DIRECTOR & ORS 11 Aug 2010


Tue Oct 07, 2014 12:25 am
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Joined: Thu Sep 04, 2014 5:37 pm
Posts: 33
Any judgements for foreign passport holders please ?


Mon Nov 17, 2014 6:36 pm
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Joined: Sun Jul 13, 2014 1:33 pm
Posts: 5
Hello 498A-Victim

If you want, please share your email ID with me and I will send you all the judgements I used for the passport release. I also am an international passport holder. I won the order at the Magistrate court.

Regards
Nash


Mon Nov 17, 2014 7:49 pm
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Joined: Tue Nov 06, 2012 10:59 am
Posts: 838
nash, if you dont mind, you can share the judgements here as it will be helpful in future for fellow people.
and how you went about it, timelines etc

thanks


Tue Nov 18, 2014 3:21 pm
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Joined: Thu Nov 13, 2014 8:29 am
Posts: 1
Nash, can you please share the judgement please or your email id so that we can send email to you?


Tue Nov 18, 2014 3:36 pm
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Joined: Sun Jul 13, 2014 1:33 pm
Posts: 5
Good idea.. here are the judgements for help to the larger community. You can find the complete documents @ indiakanoon.org

Kerala HC - Tharayil Peedikayil Aboobacker vs Station House Officer 498a
Kerala High Court - Dr.Shaji.V.Kudiyat vs Rosily Shaji 498a NRI employment abroad
Kerala High Court - Praveenkumar vs State Of Kerala IPC 498a
Kerala High Court - Riyas vs The State Of Kerala 498a
Kerala High Court - Sabin @ Chacko vs State Of Kerala 498a
Kerala High Court - Sessions Court vs. Adv Sri Niresh 498a
Kerala High Court - Subhash vs State Of Kerala 498a
Bombay HC - Sultan Kamruddin Dharani vs Union of India
Delhi High Court - Manish Kumar Mittal vs Chief Passport

We basically filed at the Judicial Magistrate stating the reasons for passport release
- Employment abroad
- Properties in India and relatives
- Basically my absence will not hamper proceedings of the case

It took us almost a month after a series of dates. Note that my passport is held at IO and chargesheet has already been filed. it's difficult to get the passport release order in your favor without CS filing. After various dates, order was passed with regular conditions (surety, affidavit for lawyer representation, I will be available when called upon etc). My ex has asked for revision of this order at Sessions court, which we have strongly opposed as "an interlocutory order cannot be asked for revision in a criminal case with extreme exceptions i.e. acquital). Hoping to get that order also in my favor in a week.


Hope it helps


Tue Nov 18, 2014 6:09 pm
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Joined: Tue Nov 06, 2012 10:59 am
Posts: 838
very helpful information and judgements.
thanks nsyed


Wed Nov 19, 2014 4:24 pm
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