cpc

going abroad & permission of court


Sir,

Some one filed a totall false /fabriocated compalint under 156(3) Cr PC in oct 2014 to harrass me .He tried to lodge DDR /FIR, but police did not do so as local police chowki incharge knew it to be false.Now I got summons from SDJM to appear,which I did and Rs 30000/- bond was taken from me .

1st  hearing was 20 Aug.

Jul end  I applied for permission to go abroad around mid aug..Was I right in asking permission as I have not ben barred by any court.

Judge sends notice to Other Party who naturally objected to harass me .Judge asked for another application as previous application has become infructuous because date of move was mid aug and it is over.I applied there and then.Was judge not in a position to say Yes or No? but he fixed another date around mid sept ???. what is the procedure .This gives me impression that some one is deliberately helping OP.I may be wrong.

Winter is approaching in Canada.

I could not even book seats.

Is judge justified in delaying permission on the pretext that he has to hear other party(OP).OP naturally  wants to harass me any how.

 

 
Reply   
 
High Court Advocate

  1. The courts will consider a continuance of the case, if there is a valid reason for travel. An accused can travel abroad and get exemptions in some cases and an advocate represent on his behalf and update the court accordingly. Surety should be informed too and give his consent.
  2.   Check that your bail conditions allow you to travel.
  3. If you are absent during trial, a warrant will be issued against you.
  4. For pending warrants there is risk of Look out Circulars in Airports where simply trapped by Emigration on return and handed over to police for judicial custody.
  5. Whereas trial is in progress in Criminal case you can’t go abroad. Better to Wait till complete the trial and you can approach a higher court for speedy disposal of the case.
  6. While applying for VISA you have to inform, any criminal record or not, if yes then you have to give all the detail of it, then it will decide for your VISA granted, if you hide anything, became complicated for your future  
 
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Thanks Sir,

I will only move with permission. It was a pleasure trip and no work etc.

 
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In my case opposite party filed false complaint under Sec 156(3) of Cr PC saying that i have beaten him.I filled a bail bond for Rs 30000/-.Even before 1st hearing (21 Aug)I applied for going abroad.Judge gave 1st hearing on 5 aug on my request ,called OP to respond on my application .Their objectiomns came on 7 aug.Since 5 aug judge had given 7,11 ,28 Aug and 11 Sep ,18 sep as dates to decide about permission.Do i take it that case has commenced after filing bail bond? No charges framed so far. Can I request the judge to pass decision on going abroad either way (yes or No) so that I appraoch higher judiciary channels.Can judge deny me freedom to move abroad on such a frivolous case ? What remedy do I have against such dilotrory tactics of OP or ther judge?

   

 
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Going out on vacation/pleasure trip is not a necessity. It can wait, till you are permitted by the Court to travel abroad 

 
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This way any one files a complaint against any law abiding citizen under 156(3) Cr.PC and delay or deny his freedom of movement.Charges have not been framed so far .Court is not delivering decision to allow or disallow me .To me it looks simply delaying or denying my right.Even in my case to abroad is not necessity.But the abuse of judicial system by OP is clear in this case," U can harras any one you feel like".  

 
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Mr Vinod Passy ,

Sir,

I read the Supreme Court decision and other two orders of Delhi High Court and Karnatka High Court.All said that Art 21 is violated if a person's movement is affected by any court order.Court cannot stop a person even if a person is criminal .Kindly comment.Are cases in courts which linger on years that important that any person can be hauled up and his movement including visit abroad is restricted ?

 
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Sir,

Why is lawyers fraternity not speaking for right to move under Art 21 , anywhere in India and abroad  when only a complaint under Cr.P.C. has been filed, that too false.Bail bond is filled .There is no condition in bail bond that I cant go abroad.Charges have not been framed so far.I am requesting a clarification /education on this case please.

 
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