you Would need court permission to travel abroad if such terms and condition has been imposed by court while granting bail
2) court records would reveal whether charge sheet has been filed or not
3) your lawyer would do the needful
Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
Notice under section 41 A CrPC
My Daughter In Law filed a police complaint against me , my wife and my son under Dowry Harassment and DV. A case was registered in the PS under sections 498(A) , 406 and sections 4 & 6 of DP Act. We ( Myself and my Wife ) stay here and my son stays in USA. The Police served a notice to me and my wife under Section 41A CrPC and along with that they have taken an undertaking that we will not travel anywhere without informing them. As a part of my official duties I travel outside India frequently. I traveled once for a month . I gave one undertaking that I am travelling abroad on an official visit and it is my responsibility to return back to India When I want to travel again the PS says I need to get a permission from the court. Question : What should I do now...do i need to approach the court. Please note : The PS says that they have not submitted the Chargesheet so far. Question : How can we know this ( that Chargesheet is not filed yet).
Asked 7 years ago in Family Law
Religion: Hindu
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8 Answers
Sir if there is condition imposed vide any order you need to file an miscellaneous application before trial court seeking permission to travel abroad for specific time
Sir check with the court instruct your advocate he will find out further if chargesheet is filed then it would be shown to you and endorsement on same shall be taken.
Engage a local lawyer to inspect the file in the court pertaining to your case crime Number to find out as to whether or not a chargesheet has been filed in this matter
There is no restriction as such in you going abroad for a short duration during the pendency of your cases. However you should be present, if required on the next date of hearing..
Hi
1) You can check from the criminal court having jurisdiction over the police station to find out whether charge sheet has been filed or not.
2) Police by merely serving section 41 A notice cannot restrain any person from travelling and more so when charge sheet has not been filed.
3) You can still opt for obtaining permission from either the trial court or High court should you intend to travel overseas
4) Courts will be inclined to grant you permission to travel overseas should you apply.
5) Leading case laws for permission to travel abroad during pendency of criminal cases are
a) Deepak Dwarkasingh Chhabria v. Union of India (AIR Bombay 181) and
b) Dhiren Baxi v. Regional Passport Officer, Ahmedabad (AIR 2003 GUJARAT 108)
6) You may also pursue the notification issued by Ministry of External affairs on guidelines for permission to travel abroad during pendency of criminal cases.
"No.GSR 570(E) In exercise of the powers conferred by clause (1) of Section 22 of the passports Act, 1967 (15 of 1967) , the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India
Hope this information is useful.
1. UNless the embargo on travel has been placed by the court you do not require permission from the court. What you are required to do is challenge in the court the embargo put by police on your right to travel out of India. To this end you may file a petition in the High Court under Section 482 Cr.P.C. to quash the embargo.
2. Your trial court lawyer would be able to tell whether the chargesheet has been filed or not.
1. Yes you will have to take permission. Also, if there are no direct charges against you then you may prefer a petition for quashing of the FIR.
2. Notice will be served upon you as and when the CS is filed.
Regards
It is pertinent to obtain permission from the concerned judicial magistrate court for travelling abroad during the pendency of a criminal case against the indivdual.
Once trhe charge sheet is submitted befoe the court, the court will take the same on file, allot a case number and send summons to the accused either by post or through concerned police.
