• WP227

Hello Everyone,

Good Evening

A few days back my brother was granted bail by the session court. But he was asked to attend the court hearing. My brother works in abroad and the lower court had put a clause that he cannot leave the country without the courts permission. Which we have abided to. Now on last two hearings which he has attend the judge was not able to give any decision on letting him go and rejected his plea. So we applied in session court and the judge ordered to see all my brothers original documents stating that he really works abroad or not. Which we produced in the court. After the judge seen it he was convinced and signed my brothers petition to travel abroad and also instructed the lower court that if they want the can dismiss the case as well as sign they need to sign his exit papers. But the judge has refused to do so and has said she will do it after two days. 

Now we came to know that the other party who we are fighting the case with has filed a WP227 challenging the order in the high court that my brothers plea to travel abroad should be rejected.

Please tell me how serious is this matter and what can be done to avoid this so that my brother can travel back as soon as possible.
Asked 6 years ago in Criminal Law
Religion: Christian

3 answers received in 1 hour.

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10 Answers

- Since, you brother has already granted permission to travel abroad from the session court, hence the other party has has challenged the said order after filing a Writ petition before the court. 

- Further, if the high court has not stayed that order of travel , then your brother is free to travel abroad legally. 

- By way of Writ petition , that permission of travel granted by the session court can be rejected/cancelled , but it will take time .

- Hence, you brother without waiting the result of writ petition can travel abroad legally. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Well they have filed it in the high court under 227 for directions to be issued to the lower court. File a vakalatnama through your advocate and contest it. The high court may give certain directions and may also dismiss the application.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hc would not interfere with trial court order 

 

2) your brother would be permitted to travel abroad for work purposes 

Ajay Sethi
Advocate, Mumbai
99863 Answers
8148 Consultations

If the opposite party has filed the writ petition, you may file a vakalatnama through an advocate and file a reply to their objection.

Yo can challenge the same on the grounds that you rely upon as well as on the basis of merits that were found by the district judge.

By just filing the writ petition the opposite party cannot stop your brother from travelling abroad, they have to prove their case by substantiating the case with evidences in their support, hence you may challenge the same on merits from your side.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

1. The matter is serious.

2. Your brother should travel abroad as soon as possible before High court stays the order of session court or he recieved the notice from high court.

3. Try that you should get certified copy of session court as soon as possible.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Seriousness has to be viewed from the perspective of the rights which may be violated if the 227 petition is allowed by the HC.

2. Your brother should contest the matter in the HC.

3. It goes without saying that if the HC finds that there was irregularity in the order passed by the Sessions Court then it can set it aside and dismiss the application.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

See if court has provided permission to travel abroad then high court may dismiss there petition though you need to contest same on merits before the high court. Based on the grounds raised before the lower court and court allowed your petition you can contest before high court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Don`t worry, before any order pass by HC. Leave the country. Court hearing will attend by advocate and understanding can be given that whenever court will summon, accused will present him in court. Otherwise also, his presence in court will be require after prosecution evidence and till than appointed advocate will represent him. 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

It cant be rejected in casual manner as its a fundamental right to travel. Only if there is any reason of absconding then it can be rejected

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

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