After quashing process completed you have to obtain certified copies of orders then only you can apply for PCC.
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 ?
After quashing process completed you have to obtain certified copies of orders then only you can apply for PCC.
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
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
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
There is no next hearing , just waiting for the notice reply . Still yet no reply from them . Usually how long it might take to quash the case if the person does not appear ? Is there a method to find out if the email send to the person is delivered? It’s been more than a year .. the person has changed the mobile number , whatapp no option to contact . My wife is abroad at the moment, she is pregnant and I have be there by may end . If it’s not going to get over by April 10 I am not sure what to do ?? PCC is only issue at the moment.
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.
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
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.
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.
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,
It will be decided exparte and case will be disposed on merits in the said scenario.it may take some time in hc
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
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.
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.
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
Hi Sir , there is no date posted for next hearing the court has forwarded the notice on speed post and on her email address as registered email, Waiting for the acknowledgement, still no update . Just yesterday I received an email from the person calming to be her , in that message she was mentioning why am I disturbing her with notice etc , and it is mentioned you have won , and had told u in the past I won’t come here after to disturb you then why are u sending me such notice to my home address , How can i prove it is her ? Because I have no idea if it’s her email id .. It’s been an year now after she filled an FIR, no further updates for the last 1 year .. My wife is alone in UK , and she is pregnant.. if I don’t get PCC after court closes for holidays then I will be in problem . I don’t mind taking time .. but my wife there is alone .. what are the suggestions
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
You take the matter for production in high court showing urgency in the said matter quoting above facts.
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
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.
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
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 .
I need an emergency reply , I had filed an petition at the court and today is the hearing.. I was checking my FIR details on high court website , there it shows today is the hearing ( petition) I have a doubt over here .. on the IA details - the first date of case was registered on 7 th of March and the hearing was on 8 th . So on the 7 th March on the left side it’s written “ Stay , Stay vacating ... - And today morning when I put in my details around 11 o clock , on the IA details it says “ Receive additional details /Evidence “ this was written on the classification. Does that mean they need more evidence ? Because I called in my advocate he said my case is in evening today .. I am bit confused and worried .
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
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.
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.
, as I had logged into the high court website regarding my case it says “ interim order extended “ so does that mean case is getting extended? My advocate said that the Judge will open the case only after vacation . He has asked me to take PCC and told me let’s wait and see what happens. Should I go for it ? Now in this case how can I be with my wife ? She is pregnant.. donno who can help her ... The court closes next week what can be done ... I am really helpless... any advice ?? I wanted to take pcc as well ... I had asked to an other Police officer he said my passport details has not been mentioned on this case, only the name has been noted . * my question is can I ask the police officer to help me to take pcc ? Can they help to do something about it ? I wanted to go to UK
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
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.
I have some questions out here :- * My case is not registered in my station limit , the complaint lady filed the FIR in an other station . In that case while applying for PCC in Passport Seva portal there is an question “ which station limit “? * I had asked an police officer SI in the station where she registered the complaint , he asked me to apply for PCC and the station limit from the area where I belong too . So in this case can I put my station limit on the application form while I apply for pcc ? * My passport is not holded up nor mentioned anywhere in the case .
You can put your station limit wherein you are residing on the application form while applying for PCC
.1 you have to mention the station limit wherein you reside.
2. Yes you have to mention your station limit only.
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
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.
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.
* When this FIR was registered under my name I was abroad, I came back after that to India , I could have gone back Abroad , my visa was there till Aug 2018 . The court never ordered not to leave India nor never asked me to return the passport, Police officials told me last time you can go abroad there is no problem. But the situation now is my visa got over and my wife now is in UK . And now she is 6 months pregnant. I moved to court to squash the case , but the High court has extended the case until court opens . Saying no time to finish now because only 5 days left and pending cases are on Q . * I have taken an appointment for PCC at Passport Seva Kendra under my police station limit , will this affect in any case to deliver my pcc ? * the FIR has been taken in an other police station. In this case what happens ? * for the question “ Am I involved in any Criminal offence “ Yes/ No I said No . When checked with my advocate he said put no because the court had stayed the order for quashing , so it won’t be a problem. But what happens if there is a problem on the day of appointment? Will they take action against me ? Will there be greater punishment?
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.
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
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.
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.