• Section 420&417 a person can allowed to out of country from india

Gud evng sir,
 am filed a case against my boyfriend cheated to me regarding marriage promise.he was under criminal case section 420&417..the police were submitted to charged sheet to court.what my question is that person already escaped to china.is it possible for him. i want to stop his passport ,what i have to do sir.please inform me sir..how i can approch to court,how i can pitition to him ,i need to stop his passport sir...please tell me sir...is there any chances to me....
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

apply to RPO for impounding of boy friend passport

2)enclose copy of complaint filed by you under section 420/417 of IPC and charge sheet filed in court

3)you have not mentioned whether any conditions were imposed by court on his travel abroad while granting bail by court

4) if husband has in flagrant violation of court orders traveled abroad draw attention of court to said fact

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. it is not clear to me as to what you did mean by 'escape'.

2. If he took bail then he could go anywhere as there is no restrictions to foreign travel unless court while giving bail put some restrictions.

3. If he has not taken then also he can go to China and apply for bail later on.

4.So try to get charge sheeted by Police fast as once that is done and the person still has not aken bail as yet you can get him declared by court as 'proclaimed offender' which would make his job difficult to get bail and would force him to surrender to court.

5. At that time the court may put several conditions including bar on his foreign travel.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Querist

immediately file an application before passport officer of area by which the passport has been issued under section 10 of Passport Act for impounding his passport, the passport officer has only power to impound the passport.

file an application before the IO for deposition of his passport, the I.O. has also power to seized the passport for the purpose of investigation and without the court order he will not travel abroad.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If you are confirmed about that person fleeing to a foreign country then you may inform the concerned police about it who will take suitable action to cancel his bail and also to issue a look out circular against him.

However you cannot seek to seize his passport even through court interference.

The court may pass an order restricting his travel abroad.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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