Mr. Alok Verma, a resident of the city of Sundernagar, found himself in a difficult position when his passport renewal application was rejected. The reason cited was a pending criminal case against him from nearly six years ago. The case was initiated by a neighbour, Mr. Rakesh Singh, over a minor parking dispute and was registered under a petty offence section of the Bharatiya Nyaya Sanhita (BNS). The matter had been dragging on in the Sundernagar District Court with no significant progress.

The primary issue for Mr. Verma was that Mr. Singh, the complainant, had lost interest in the case and had not appeared for the last twelve court dates. Despite the complainant’s consistent absence, the Magistrate refused to grant Mr. Verma a No Objection Certificate (NOC), which is mandatory for renewing a passport when a criminal case is pending. This refusal jeopardised a promising job opportunity abroad for Mr. Verma, leaving him anxious about his future and unsure of the legal steps to take.

Advice in such cases

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File an Application for Discharge: Your lawyer can file an application in the trial court under Section 279 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This section allows the Magistrate to discharge the accused if the complainant is absent on the day of the hearing. Given the complainant’s repeated non-appearance, this is a strong argument.
• Re-apply for NOC with Strong Grounds: File a fresh, detailed application for an NOC. This application should highlight the petty nature of the offence, the complainant’s lack of interest, the prolonged delay in the trial, and the fundamental right to travel. Attaching documents like your overseas job offer can demonstrate the urgency and irreparable harm caused by the delay.
• Approach the High Court: If the trial court remains uncooperative and dismisses your NOC application, the order can be challenged by filing a petition in the High Court. The High Court has the power to review the trial court’s decision and grant the necessary relief.
• Petition to Quash the Proceedings: For cases that are frivolous and an abuse of the legal process, you can file a petition in the High Court under its inherent powers (Section 561A of BNSS) to have the entire criminal proceedings quashed. This would permanently resolve the issue.

Applicable Sections of Law

• The Passports Act, 1967 (Section 6(2)(f)): This section empowers the passport authority to refuse to issue a passport or travel document if proceedings concerning an offence allegedly committed by the applicant are pending before a criminal court in India.
• Gazette Notification G.S.R. 570(E) (dated 25th August 1993): This crucial notification provides an exception. It states that a passport can be issued to an applicant with a pending criminal case if they produce an order from the concerned court permitting them to depart from India. This is the legal foundation for seeking an NOC.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 279: This provision deals with the non-appearance or death of the complainant. It gives the Magistrate the discretion to discharge the accused if the complainant fails to appear, which is highly relevant in situations like this.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 561A: This section preserves the inherent powers of the High Court to make orders necessary to prevent the abuse of the process of any court or to secure the ends of justice. It is the basis for filing a petition to quash baseless criminal proceedings.

If you are the complainant

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Attend Court Hearings: It is your legal duty to attend all court dates. Your consistent absence can be interpreted as a lack of interest in pursuing the case.
• Risk of Dismissal: If you repeatedly fail to appear, the court has the authority to dismiss the case for non-prosecution and discharge the accused. This means your complaint will be closed without a verdict.
• Cooperate with the Process: If you genuinely want justice, you must actively participate in the trial, present your evidence, and cooperate with the court’s proceedings.

If you are the victim

If you are the accused in such a pending petty case, you are often the victim of a stalled legal process. Your course of action should be proactive.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Prioritise Case Disposal: Your primary goal should be to get the case disposed of. Instruct your lawyer to press for discharge under Section 279 of the BNSS due to the complainant’s absence.
• Build a Strong Case for NOC: While pursuing case disposal, simultaneously file a robust application for an NOC. Emphasise that your right to travel and livelihood cannot be held hostage indefinitely by a dormant case.
• Do Not Delay in Approaching the High Court: If the trial court is not providing a remedy, either by discharging you or granting an NOC, do not hesitate to escalate the matter to the High Court. The higher judiciary often takes a pragmatic view in such cases.

How the police behave in such cases

In cases where a chargesheet has already been filed and the trial is pending, the role of the police is minimal. Their investigation is complete. They are not involved in the judicial process of granting an NOC for a passport. The matter is entirely between the accused and the court. The police will only get involved again if the court issues a warrant or requires their assistance for any specific reason during the trial.

FAQs people normally have

• Can my passport application be rejected due to a pending case?
  Yes, under the Passports Act, 1967, the passport authority can refuse your application. However, they are obligated to issue it if you can obtain an NOC from the court where your case is pending.
• What if the trial court judge refuses to grant the NOC?
  An order refusing an NOC is a judicial order and can be challenged. You have the right to file a revision petition or a writ petition before the High Court against the trial court’s order.
• Is there a way to get the case dismissed quickly if the complainant is not appearing?
  Yes, the most direct way is to file an application for discharge under Section 279 of the BNSS, citing the continued absence of the complainant as the primary reason.

What evidence is required?

For securing an NOC, you need to provide:

• A formal application drafted by your lawyer.
• A copy of your passport renewal application.
• Documents proving the necessity of your travel (e.g., employment contract, university admission letter, medical appointment).
• An affidavit stating that you will be available for all court hearings and will not abscond.

How long will the investigation take?

In this scenario, the investigation phase is already over, as the case is in the trial stage in court. The challenge is the delay in the trial itself. The timeline for resolution can vary:

• Getting an NOC from the trial court: This can take anywhere from a few weeks to a couple of months, depending on the court’s schedule.
• Challenging an NOC denial in the High Court: This process can take three to six months or more.
• Getting the case quashed or discharged: This is a more definitive solution but can also take several months, depending on the court’s caseload.

Advocate Sudhir Rao, Supreme Court of India