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crcase (retd employee)     20 March 2013

Can i travel outside india?

Dear Sir,

I am retd. Indian govt employee who is suffering with falsly implicated acb case since 15 yrs.

My case went through many twist and turns and I recently got stay order from Supreme Court on a portion of the case.

My passport expired several years ago and I recently applied to renew my passport by furnishing the criminal case details.

The passport authority asked me to get no object certificate from court. Upon which, my lawyer applied to the court asking to renew passport stating 1) that my daughter in usa is expecting a baby and my presence is required 2) that I will obtain permission from court before travelling outside India.

The court gave no object certificate stating that 1) Since applicant needs to go to usa to take care of family his passport can be renewed. (Please note that though I asked to seek permission to travel outside India, the court has not mentioned anything about obtaining permission to travel is needed or not needed).

I submitted the no objection certificate to passport authority and they renewed my passport only for 1 year. 

After my passport renewal , I also secured usa visa.

My next court date is in a couple of months and I am planning to travel to usa for 6 months.

Can I travel to usa without seeking any court permission or do I need to take court permission to travel outside India. 

Thank You



Learning

 7 Replies


(Guest)

@Querist,

 

The court has already issued you NOC for obtaining passport, you can freely catch a flight to USA. I think you are concerned about the VISA!? You don't need to worry about it as VISA is issued in accordance with the law and comes within the jurisdiction of EMBASSY.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Regards,

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 March 2013

Do not worry. you can go abroad as suggested. The court next hearing date can be lookafter your lawyer.Let him to attend the court on behalf of you.

crcase (retd employee)     20 March 2013

Thank You for the kind replies.

When I was implicated in the case 15 years ago in the ACB case,  I was NOT arrested but ACB had taken a personal bond that I will appear in court.

In the personal bond, there is NO mention of travel restrictions or any police station visitations.

I appeard deligently to the court for the last 15 years without missing a single date.

Also, In the recent Apex Court stay order, it is mentioned that the case is listed for final hearing in the month of August 2013.

Now that I am planning to travel to USA , and keeping in mind 1) The upcoming Apex court hearing date 2) ACB personal bond, can I still reassure myself to travel outside India without any permission.

 

Can my lawyers easliy take up the case in my absence?

 

 

 

crcase (retd employee)     21 March 2013

Sir, Please respond to my query.

 

Thanks,

Manish Udar (www.Mehnat.IN)     22 March 2013

Take court permission to be on the safe side.

crcase (retd employee)     22 March 2013

Sir, 

I am hearing conflicting opinions. Please can you clarify with reasoning?

 

Thanks,


(Guest)

@Querist,

 

There is no problem in case your lawyer appears on behalf of you as long as the court has not ordered you to appear in person. You have been on bail on a 'Personal Bond' which means that whenever you are required by the court to appear on a following date in person, you are obliged to respect the decision of court. Though there is no bar in going abroad for you(Art 21 of COI), you can be required by the court in person to appear. As it's a matter of final hearing, your presence in the court in highly sought.

 

Therefore,I advise you not to go abroad at this crucial time. If you are sure that you will be available at the date of hearing in case you are required to do so by the court,then you fly to the desired place.

 

Hope you understand.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,
'


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