• Can I travel outside India between the proceedings under sec 279 and 304A of IPC

Hi i am a govt employee and i am under trial for IPC sec 279 and 304A and now i an on bail and there is no restrain on me to go outside india in my bail orders. Now i planed to travell outside india on 21sep18 to 26sep18 and my next date of hearing is fixed on 5.10.18, for which i have to take prior permission from my concerned department i sought fr the same but my department denied to give permission as i criminal proceedings are pending against me. Giving the refrence of clause6(2c) of passport act.
So in this condition can i travell outsid india...?
Asked 7 years ago in Criminal Law
Religion: Hindu

11 answers received in 1 day.

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13 Answers

1) as per your bail orders there are no restrictions for you to travel abroad

2) however if your department has refused to grant you permission to travel abroad you should not travel abroad as you are a govt employee and need department permission to travel abroad

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The department has denied you the permission to go abroad due to the pendency of the case. Now the only remedy for you is to challenge the denial of permission by the department through a writ petition in the High Court.

2. Mere pendency of the case does not curtail the right of the accused to go outside India unless the court has imposed any restraint on him. The denial of permission by the department is, prima facie, bad in law.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Sir if there are no restrictions imposed in the bail order on travel outside country you can travel but since a government employee need permission from.concerned department permission need to be necessarily sought.

File a writ petition before the high with the prayer direction for department to allow you to travel abroad .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1)Until you are not convicted you are not a criminal.

2)Before going abroad ask your counsel to file exemption application u/s 205 Cr.P.C

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Unless and until any restraint is imposed on foreign travel of the accused person there is no hindrance for the person to go abroad.

2. So there is no requirement to take prior permission either to make such travel.

3. On each and every date the physical presence of the accused person is not absolutely mandatory and he can very well file his absent petition to remain away from court on any particular date/s.

4. Now if prior permission form your Department is required as per the Service Rules then you will have to either adhere to it or challenge it in high court or in Administrative Tribunal.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Department can deny you permission to travel abroad on account of pending criminal case against you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Government employee needs permission from concerned department for traveling abroad. If the department has denied the sanction then, only remedy available is to approach the high court for getting permission for going abroad. The same times you may file petition before the trial court with consultation with your advocate if necessary.

In your case the trials are not started and charges is not yet to be framed, then File a dispense petition under Section 205 in The Code of Criminal Procedure, 1973. If the trial is started, then file application under 317 CRPC. Both these sections relate to dispensing with the personal attendance of the “accused” only

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

If there happens to be no condition in the bail with regards to the travelling, but since the department (government) has made a restriction by means of an order, you should not go and visit foreign country without the permission of the department

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Right to travel is your fundamental right and the department can not curtail the same without the due procedure of the law. The same has been held by the Hon'ble SC in the case of Maneka Gandhi v. UOI

Approach the HC and challenge such order by means of a writ petition.

No one is guilty unless proven so.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Restrictions on international travel are implied when criminal cases are pending against a person.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

So in all likelihood your application would be rejected on such grounds. You can file an application in court citing reason as to why you want to travel abroad and if Court allows the same you can apply again attaching the courts order along with your application.

But the chances that your application would be allowed by Court are also very bleak.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

As per law you have to obtain permission from the concerned court to travel abroad during the pendency of criminal case against you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The refusal by department to permit you to travel abroad for a short period especially when there is no pending departmental inquiry is beyond their power, the court only is the deciding authority for this.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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