• 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 3 years ago in Criminal Law from Surat, Gujarat
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.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
Please act as advised by ld.friend Ms. Kundu.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
13577 Answers
291 Consultations
5.0 on 5.0
apply for quashing or take permission from the court stating reason
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
It is not advisable to go out of country without seeking permission of the court.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0

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