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BS Rangi (President)     02 June 2015

Going abroad permission

Sir,

Someone had filed a false complaint against me under CRPC 156 (3) saying i had beaten him.He also attached MLR .I had given Rs 30000/- bond on 13.3.15.Next hearing is in Aug 2015.I want to go to canada for two months in Aug and Sept.

I have to apply for permission to go abroad and request for postponing my hearing.

Can I send my application to SDJM individually or do i have to hire a lawyer for this.

Is there any format for such an application.

Kindly advise .Draft application would be welcome.

Rgds

BSR 



Learning

 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

Whether the complaint is true or false,once it is registered,if U have not committed the crime U have to prove in the court UR innocence.As it is a criminal case U have toinform the court about UR foriegn sojourn and moreover it has to be mentioned in UR visa application.Otherwise it would lead to suppression of facts.

T. Kalaiselvan, Advocate (Advocate)     19 June 2015

You can file the application requesting permission before the trial court either as party in person or through your lawyer. Leaving the country while a criminal case is pending, without the permission of court, if is coming to the knowledge of court, you may be booked for another offence. 

Sudhir Kumar, Advocate (Advocate)     21 June 2015

aagreed with experts

BS Rangi (President)     22 August 2015

Thnx Sir ,

I applied and I was right .My lawyer was advising that I could have gone as he would have applied for Not Appearing in Person.That was wrong advise.

BS Rangi (President)     22 August 2015

In case of permission does the judge have to hear other/opposite  party(OP) also ?

To me it appeared simple defferment of case date for two months .The complainant should have no role to play in it.

However SDJM issued notice to OP and they delayed my booking tickets by one month and my going abroad had to be delayed.Even now it is not clear whether Judge grants permission to go abroad or not.

He fixed date for ' CONSIDERATION' AS HON'BLE JUDGE CALLED IT as 28 aug .   Does it mean that judge will decide only my application on 28 aug to go abroad.

Option 1. Will it be beneficial for me in case I ask my lawyer to get the case finalised /quashed at this stage under CrPC 203 as someone advised me? 

Option 2 . OR we only ask for decision on my application to go abroad and fight the case on arrival back from pleasure trip. 

To me personally Option 2 seems workable due to shortage of time, as I want to proceed to Canada for 20 -25 days by mid Sept.

Pl advise .

In the case OP has given name of one witness that too from 5 km away.He also produced fake MLR also.

Local police chowki incharge  did not even register his DDR .Will non registration of DDR go in my favour? Infact this false complaint under CrPC 156 (3) is Counter Blast to bail out his friend (FIR lodged for assaulting senior citizen) in whose case I M the prime witness.How do I go about defence in this case ?

BS Rangi (President)     22 August 2015

In case of permission does the judge have to hear other/opposite  party(OP) also ?

To me it appeared simple defferment of case date for two months .The complainant should have no role to play in it.

However SDJM issued notice to OP and they delayed my booking tickets by one month and my going abroad had to be delayed.Even now it is not clear whether Judge grants permission to go abroad or not.

He fixed date for ' CONSIDERATION' AS HON'BLE JUDGE CALLED IT as 28 aug .   Does it mean that judge will decide only my application on 28 aug to go abroad.

Option 1. Will it be beneficial for me in case I ask my lawyer to get the case finalised /quashed at this stage under CrPC 203 as someone advised me? 

Option 2 . OR we only ask for decision on my application to go abroad and fight the case on arrival back from pleasure trip. 

To me personally Option 2 seems workable due to shortage of time, as I want to proceed to Canada for 20 -25 days by mid Sept.

Pl advise .

In the case OP has given name of one witness that too from 5 km away.He also produced fake MLR also.

Local police chowki incharge  did not even register his DDR .Will non registration of DDR go in my favour? Infact this false complaint under CrPC 156 (3) is Counter Blast to bail out his friend (FIR lodged for assaulting senior citizen) in whose case I M the prime witness.How do I go about defence in this case ?


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