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Arjun   29 February 2024

Application of visa for 304a convict

I'm a 26 year old medical practitioner. On december 2023, while travel back from work, a drunken person jumped in front of my car. And he died after the crash and police charged me with ipc 279 and 304a. Case hasn't taken up by court. Now I am planing to settle in UK. Will i be able to get my police clearance and with that clearance will i be able to apply visa??? How can I fasten up the process?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

If you have been convicted by court  then you may not be able to get a favorable report from police in order to get a hurdle free visa.

As the trial in this case is yet to begin you may talk to the family members of the victim and come down for a compromise settlement so that you can get acquitted which will prevent an adverse report by police in the PCC.

 

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anjali tamrkar   13 March 2024

A Police Clearance Certificate (PCC) is an official document issued by the Indian Police or government authority in India. It acknowledges any criminal records that an individual may have against their name and, if such records are clear, it issues a clearance certificate, which may be required for Indian or foreign citizens who are currently or have resided in India for the following reasons: 
1.Pursuing professional positions that need independence;
2.Looking to relocate or obtain visas for other countries;
3.Taking care of an organization's demand;
A PCC from India does not have the time of legitimacy to back up its assertion. For the most part, it is legal for six months.
If offences are punishable under sections of 278, 279 and 304A of Indian Penal Code, then the accused may approach the Hon’ble High Court by filing quashing petition under section 482 of Criminal Procedure Code by convincing the complainant and thus such case may be quashed getting clear acquittal for getting PCC.
Answer to the query is-
1.Pendency of criminal case itself is no restraint on foreign travel unless the court puts any such objection while granting bail to the accused person or the country to be travelled refuses to grant visa to an under trial.
2. Nothing , refer to your bail order to find out any such restriction is imposed by court or not.
3.You would need permission from court wherein your case is pending to travel abroad and you will have to appear when mandated.
4.Travel to Outside India is a fundamental Right of the person but to settle outside India during the pendency of the case in completely the discretion of the court 
In Maneka Gandhi v. Union of India, (1978) 1 SCC 248 : AIR 1978 SC 597 : (1978) 2 SCR 621, a 7-Judge Constitution Bench of the Supreme Court had held that the right to go abroad is included within “personal liberty” guaranteed as a fundamental right under Article 21 of the Constitution and that this right can be taken away only in accordance with procedure established by law, and moreover, “procedure” mentioned in Article 21 cannot be arbitrary, unfair, oppressive or unreasonable.If the court order does not put any embargo on your right to travel abroad and you have been granted visa then you are free to go. Needless to add, you will have to appear in the court as and when mandated by it.
But the best one can do in that situation is to filing quashing petition in the High Court  . If offences are punishable under sections of 278, 279 and 304A of Indian Penal Code, then the accused may approach the Hon’ble High Court by filing quashing petition under section 482 of Criminal Procedure Code by convincing the complainant and thus such case may be quashed getting clear acquittal for getting PCC.
 


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