As FI R was filed against you, so your first step is to take bail from trial court and file application before High Court to quash FIR and seek permission from court granting bail for going abroad for job.
Can he Leave Country
Respected Lawyer, My brother has built new house. Some of the cement sheets of neighbours roof is damaged. We are ready to give him compensation, he is asking more than double. We have refused his demand so he has put wrong complain against my brother and uncle while my brother was travelling out of city. After receiving police call my brother appear in police station but FIR was filed and bailed. They charged with IPC 323, 504, 506(2), 427 and 114. We have never abused or threatened this guy. My brother has job in dairy in Dubai. Neighbour is blackmailing us. Can he travel abroad for job ? (sheikh.sajidhusain @gmail.com)
Asked 10 years ago in Criminal Law
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7 Answers
Please act as advised by ld.friend Ms. Kundu.
Since the FIR has been filed your brother has to obtain prior permission from court before going abroad. He should take bail and then contest the case in accordance with law.
1. Since FIR has been filed against your brother, criminal case has already started aganst him,
2. He should now take bail from the Court & pray for permission for going abroad,
3. In your interest, settle the mater amicanly with your neighbour.
apply for quashing or take permission from the court stating reason
Thanks for advice...they have got bailed same day they appeared to the police. Now if my brother seek permission from court to go abroad it may take long time and he may loose his job. Because he has to joins within week. How dangerous if he goes without permission. And tell his advocated to keep follow up. They have never charged with any crime before.
Asked 10 years ago
It is not advisable to go out of country without seeking permission of the court.
If he travels outside India without the prior permission of court then he will be arrested from abroad with the assistance of Indian High Commission therein and sent back to India to face the judicial proceedings, in which event no court will grant bail to him as Indian courts will consider him untrustworthy.