• Immigration abroad with summons case pending

The Pune (deccan police station) have file case against me and 15 others under section 37(read with sec 135) of Bombay Police Act. Its a summons case , the charge sheet was filed in Nov 2014 and charges have not been framed yet as all 16 never appear in court together.
I wish to apply for Australia Immigration, the immigration consultant says that I will surely get the PR visa if I don't mention about the case while applying for PCC. Also there is no restriction mentioned on the bail bond about travel abroad, however one co-accused had a tough time getting her passport renewed.
Now, I have two options and few questions

Option 1: I can lie in PCC application about not having any court case, since the judicial system is not linked I will get a clean PCC and will get PR. But will I get stuck later while entering Australia? Option 2: I will not lie in PCC application, and the police with mention about the court case in my PCC. So now will Australia give me PR if a summons case in going on? 

In both the above options if I get PR, will I get permanent exemption from the court from appearing in trial u/s 205 or u/s 317 saying that I am immigrating abroad ?
Asked 7 years ago in Criminal Law
Religion: Hindu

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3 Answers

We do not advise you to suppress material facts in your PCC application and obtain clean PCC

2) if there is criminal case pending against you then you may not get PR

3) you can apply for exemption for personal appearance until further orders under section 205 crpc

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1.Since a criminal case is pending I can not advise you to conceal this fact. If you do then do it at your own eril.

2. By ape ttion u/s 205 you will get exemption for day to day appearance but there is nothing like permanent exemption.In trial, during finald ecision or in a proceeding u/s 313 crpc you will have to apear in person.

So decide accordingly.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

PCC is document certifying conduct as per available records pertaining to the applicant

2) police would mention details of pending case against you

3) it is true police cannot refuse to issue you PCC

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

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