• Need PCC, requested for quashing the case in high court

Hi Sir , 
There was an FIR registered under my name , it was an non bailable offence , it was an false case , section where rape , cheating however the court granted me bail on the same day of application. After taking bail from high court , there were no updates , nor from the complaint lady , it’s been an year now . Police asked me quash the case in high court . As per that I filled to quash in HC , it’s waiting for the final disposal of the case , the court had send the notice through speed post in an foreign country and India , and to the email address of the applicant , it’s been 10 days now no reply from them , 
I wanted take my PCC because i wanted to go to UK , the high court is getting closed on next month , if I get my PCC then only I can apply for my visa . What can be done in this case ? Can the court dispose the case before April 10 ?
Asked 6 years ago in Criminal Law
Religion: Christian

2 answers received in 10 minutes.

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39 Answers

After quashing process completed you have to obtain certified copies of orders then only you can apply for PCC. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

An application for an expeditious hearing can be filed in the hc for an early disposal of the case as irreparable damage would be caused to you in case the case is not disposed within a certain time frame. The court may consider and order accordingly.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

 

- You can submit application for rapid action to close the matter 

- Without quashing you will not be able to fly until court gives interim permission to travel abroad after shared reason of loss due to non-travel

- Rest it is upto High Court discretion whether to expedite the closure on priority or ask you to wait. 

- Generally court gives permission incase there is big loss to party and provided sufficient surety against your travel to abroad 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

it is doubtful that case would be disposed of by 10th April 2019 

 

2) on the next date of hearing court would await report of service of notice 

 

3) if inspite of service of notice complainant does not appear court may proceed with hearing of your quash petition 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

it depends upon pend ency of cases in HC 

 

2) if it is not disposed of by April it would appear on board after vacations 

 

3) If the mail is delivered, it will only available in sent box… otherwise it available in outbox.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The mail is deemed to be received when it is sent irrespective of the fact whether the person has read it or not.

If the party does not come to the court a public bulletin can be taken out in the city where she lives or the state. If she is not traceable the court may quash the fir as the complainant is not present.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See before quashing if you go for PCC the case would reflect in the PCC so you should press before court to dispose quashing on merits citing urgency.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The court give notice once or twice if return unserved then court pass order without appearance.

There are software for same but if mail is sent then it is considered delivered.

You can mention the urgency before the high court and can file a misc. Application to take matter urgently.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

approach high court with an application for an expeditious hearing for an early dispose of stating the reason of your wife being pregnant,

else pray to court to grant you interim permission to go to the UK to join the company of your pregnant wife.

the matter doesn't seem to reach conclusion till 10th April,

act as advised above,  

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

It will be decided exparte and case will be disposed on merits in the said scenario.it may take some time in hc

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. The high court unless gets satisfied that the notice is duly served upon the de facto complainant it is not going to hear you .

2. However if it is shown to have been served n due course upon the opposite party even in her absence the court can hear you ex parte.

3 Without going through the contents of the FIR it is difficult to comment on the merit of the quashing case though it is worthwhile to mention that quashing is allowed only in rare circumstances. The question of falsity of the complaint is never the point of adjudication in quashing petition. 

Anyway good luck 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1.You do not require PCC to apply for visa. It is required only for getting the passport.

2. If there are no fetters imposed on your right to travel outside India during the pendency of the case and your passport is in your custody then you can apply for visa directly by mentioning the complete details of the pending case.

3. If the notices of the HC do not get served at the address of the respondent then eventually your quashing petition will be decided ex parte.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since the notice has been sent to her and the case has been posted for next hearing by the high court to some other day, if there is no response received from her side, then the court may decide about the case pending  before it accordinlgy.

When is the case posted for next hearing?

If it is posted in the month of April itself, then you have chances for getting it disposed during April itself.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If there is no date posted for next hearing then the court might have ordered return of notice in two or three weeks, so the matter will be listed for hearing accordingly.

Since there is a pending criminal case agaisnt you, there are no possibilities for you to get PCC.

In fact the quash petition is a short cut for you to get the PCC otherwise if you are to face the case in the court then it may run for years, hence you may have to wait patiently.

First confirm the acknowledgement of the notice served on her, once it is confirmed then you can put pressure on your advocate to bring the matter on list after that it will be disposed immediately

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

keep the email/call detail for trial/quash/discharge

it is time to join the company of pregnant wife 

the only way is to 

approach high court with an application for an expeditious hearing for an early dispose of stating the reason of your wife being pregnant,

else pray to court to grant you interim permission to go to the UK to join the company of your pregnant wife.

the matter doesn't seem to reach a conclusion till 10th April,

act as advised above,  

Good Luck

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You take the matter for production in high court showing urgency in the said matter quoting above facts.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Take a print out of email and your lawyer can on next date of hearing produce the same in court to prove service of notice 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See of the email ID is used by her in regular court and previously also there is conversation on this ID then you can prove she sent you mail. Otherwise wait for some time if no response come the court will put the matter up for ex-parte.

See you can mention urgency before high court if the court is pleased then only you can get relief otherwise you have to wait only.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Ig there is no date fixed then too file an application for expeditious hearing in the high court. The court shall hear your plea if it thinks that it has merit. Talk to the person who has sent you these messages.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since you have received the email reply, you dont go into the veracity of the sender, take a print out of the same and produce the same before the court on the date of hearing stating that she has received the notice whereas she prefers not to turn up to the court, hence the false case filed by her may be quashed.

You can ask your advocate to follow it up through high court and ask him to bring it on list at the earliest possible  considering your urgency .

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that due to the non replying to the notices you have stuck here.
  2. Yes, you can move an application along with the repor of mail delivery to her (this you can get from the mail agency like gmail or yahoo, after calling to their customer care).
  3. Receiving of mail means that the notices have been served upon them.
  4. And there is possibility that the court would quash it, otherwise it is very difficult to get the FIR quashed on merits (not on settlement) on these few dates.
  5. Put all the reasons as to why you have been requesting for the early dispossal or otheriwse court may direct the authority to consider your case and give provisional PCC.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

It can be anything. Some additional details filed or court seeking additional documents. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

if your case in on board today and your petition reaches for hearing today your lawyer will argue your case for quashing 

 

your lawyer can check with the registry what additional documents are required by registry 

 

i presume English translation  of FIR has been filed by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See the court must have called for IO with reports that is why status is this as high.court doesn't take evidence it sees the IO report in quashing.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are getting confused over the technical details that appear in the ecourts web site by not understanding them properly.

If your advocate is not explaining you properly, you may have to strain yourself to visit the court office and get the things clarified personally.

If your advocate can give information properly then you dont have to visit court, but since he appears not cooperating you may have to take steps to understand the technical jargon from the right person i.e., the court staff who deals with this case.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

interim order of stay is extended till next date of hearing 

 

apply for PCC 

 

You have to wait for disposal of your case by HC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It means the interim order passed by the court is continued.yes you can ask them to help you

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Interim relief granted to you in your case is extended by the court, you can try for PCC but the case shall reflect in it,

An application citing urgency can be filed and matter can be taken up in vacation bench.

See if police gives you clear PCC which due to ongoing case they won't in normal conditions and there is no restriction on your travel you can go. 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can put your station limit wherein you are residing on the application form while applying for PCC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

.1 you have to mention the station limit wherein you reside.

2. Yes you have to  mention your station limit only.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Interim Order passed by the Court is extended

2. You have to mention your station limit only

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Yes you need to mention your local police station in your passport application. You can take my telephonic Consultation from Kaanoon if you still have any indebt querries

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The interim relief granted to the petitioner is extended by this order and it will remain till the next date of hearing.

You can approach the police officer for getting pcc for the purpose of yor visit to US to take care of yor wife, however the fact that ther is a criminal case pending agaisnt you, travel abroad without the permission of magistrate may not be possible, hence you may have to take care that aspect too.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have to mention the nearest police station in yor passport application, from which the verification report will be sought by the authorities.

You may apply for PCC also from the police station within your residential jurisdictions.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Since you have not been arrested nor there's a restriction order pending against you in my opinion your subsequent questions are nothing but your imaginary fears.

You are going on a right path, follow it and then revert if you still find problems.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) you would get PCC but it would reflect pending case 

 

2) you should have disclosed pending criminal case but mentioned it has been stayed by HC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

they will issue you a show cause notice if they feel any incorrect or false information is provided by you. you can repl the same within the time prescribed in that notice.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See your police station search for records and it can reflect the pending FIR in other police station also.

See still the case is there it is only stayed not quashed so you should have mentioned details of pending case. 

There won't be any punishment in general circumstances but your renewable pending case can be rejected.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should write yes in the said column since the case has not been decided yes. 

Your PCC might get effected due to the pending FIR

If police places any objection on the PCC then you may inform them the status in the hC

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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