• Visa application while I have filed for FIR quashing

I have filed application in High Court for Quashing FIR(offence punishable under Sections – 323,
504, 506(2), 447, 427 r/w. Section 114 of the I.P.C.).
Honorable Court has stayed the further process and investigation. Lower Court has stopped the proceeding. Also Court has issued a travel permission with necessary police clearance.

Now if I wish to apply for a VISA what should I mention in below question.

Have you been charged with any offence that is 
currently awaiting legal action? (Yes/No)
Asked 7 years ago in Criminal Law
Religion: Other

7 answers received in 1 day.

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10 Answers

you should mention yes

enclose copy of stay order passed by HC

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Stay of further process and investigation does not result in the quashing of FIR.

2 You have to answer the question in affirmative as the word 'charge' has to be given the widest meaning and not the restrictive meaning as contemplated under section 173 Cr.P.C.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The answer wuld be Yes.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. The Court has not yet quashed the FIR.

2. You shall have to mention 'Yes' in the said VISA application form.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Querist

The answer should be " Yes"

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

unless charged is framed by the court after givin opportunity to the accused and taking consideration upon the police report it cannot be said that accused is charged. your case is pending at pre trial stage. you can claim that you have not been charged, FIR is only an information, it is not a statutory document to confer legal obligation.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

you are at liberty to travel abroad as per court order

2) you would be issued PCC by the authorities

3)you should disclose all facts about case filed against you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. The trial has been stayed by the high court but the FIR has not yet been quashed.

2. In the instant case you have been currently charged with an offence which is awaiting legal action now.

3. The trial of the case is of course pending but has been stayed till the date of further hearing of the quash petition before the high court.

4. Despite the fact that the Court has expressed its opinion that you should be allowed to go to Australia but it does not allow you to write that you have not been currently charged with an offence which is awaiting legal action.

5. make a mention before the Court for further immediate hearing of the case for getting the quash order to enable you to write that you have not been currently charged with an offence which is awaiting legal action.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Now if I wish to apply for a VISA what should I mention in below question.

Have you been charged with any offence that is

currently awaiting legal action? (Yes/No)

Since the police have registered a FIR, you may say yes and in the status you may mention stayed by high court.

Further since the court has permitted you to travel abroad, you may attach a copy of the court order so that the Police clearance certificate may be given without much hassle.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

High court stayed the process at admission stage and hence First Class Court stopped further proceedings.

Hence no trial pending and even i don't have to appear in front of any court in person.

Even Though high court has stayed further proceedings, since charge sheet has been filed before court, the status of the case is pending trial.

You should understand that the court has stayed the trial and not disposed the case.

However since the order by the court is ve5ry clear that PCC may be given, there should not be any problem for visa.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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