Of proceedings in lower court have been stayed you can travel to India
your passport would not be impounded
you don’t need bail before travelling
498a against an NRI
A false 498a was filed in 2013 against a U.S Citizen. Since I have not visited India. I Proceeded to high court for quashing, High court granted a stay order in this case as evidence of this being a fake case appeared as girl remarried and filed similar 498a against someone else and settled it for 15 lakhs . It has been a long time without any further court dates in my matter. FIR & Chargesheet was filed in the local court and I was declared an absconder since I live outside the country. I have not been present in any of the hearing and neither the girl. Girls advocate demanded huge sum of money to settle this case but I refused to give so the case still remains open till this date. Local court still holds passports of the distant relatives in India. I request your opinion for below questions related to this matter. Is it safe to travel to India in this situation ? Is there a risk of U.S passport being impounded while entering or leaving India ? Do i need to get a bail before travelling considering a stay already is granted by high court ?
Asked 4 years ago in Family Law
Religion: Hindu
8 Answers
Dear Querist
1. Immediately file a misc criminal writ petition under Article 227 of Constitution of India or application under section 482 of Cr.P.C. before High Court against the order of the Trial Court regarding the proceedings under section 82 of Cr.P.C., as the trial court declared you as an absconder.
when HC quashed that order then you may visit India otherwise it is not safe.
2. Passport cannot be impounded but the court may direct you to appear before the court on each and every date of hearing which will not feasible.
3. if the stay is continued then file an application before the Trial Court for cancellation of proceedings of section 82 of Cr.P.C. and cancellation of Warrant issued against you, your personal presence is not required and your counsel may approach the court. then apply for bail before the trial court.
Feel Free to Call
Dear Sir,
1. India is expecting a 3rd wave of Covid-19. In lieu of third wave, if a lockdown is imposed, you shall not be able to return. It is NOT SAFE to come to India.
2. Yes, since you have the liability of a case against you, passport may be impounded
3. No, since a stay order has been granted, there is no need to get a bail
Thank you
God Bless
As the charge sheet has been filed and you have been declared an absconder you shouldn't come to India as you can be arrested and your property attached.
Moreover what has been done in tge charge sheet? Once the charge sheet has been filed the stay on fir is vacated.
Therefore the stay is not operative.
Obtain anticipatory bail once you reach India.
What is the current situation of the wife??
What is the situation of the relatives/ parents. Have they been named in the charge sheet?
- If the High court already stayed the matter , then how the lower court court declared you absconder .
- However, before travel to India you should take anticipatory bail from the session court or the said High court
- Further, you can also lodge a compliant against her for misleading the court and for extortion in the name of offence under section 498a
- If the court has issued lookout notice against you , then there is chances to impound the passport
Since you are a US citizen, there may not be any look out circular issued against your name, hence you may travel to India, however you may keep your travel plans as a closely guarded secret.
If you feel like getting enlarged on bail, you can ask your lawyer to file an application for the same before the sessions court itself or you can ask your high court lawyer to follow up the pending quash petition by making a mention that she remarried and also filed another similar complaint agaisnt the new husband too hence her intention behind filing such false cases is to extort money alone and not for any true cause as alleged in the complaint.
Your advocate can add this point in his argument to be presented before high court in the quash petition.
1. Stay was granted against what?
2. If there was a stay granted by the HC on FIR or investigation then there is no question of filing of chargesheet.
3. You have to travel to India and personally appear in the court to get the NBW cancelled.
4. However, before your travel to India you may seek anticipatory bail.
5. US passport cannot be impounded by Indian authorities but you can be restrained from leaving India if the courts also refuse to grant indulgence to you.
1. As per you High Court has granted stay order on the lower Court to proceed with the case.
2. Has this High Court order been informed to the lower Court hearing your 498A case?
3. Have you engaged a lawyer to appear before the lower Court to defend you?
4. If not then engage him at the earliest who should file the high Court order staying the proceedings of the lower Court.
5. Meantime make mention in the High court to hear the matter to quash the FIR.
6. Apply for and avail anticipatory bail showing the High Court order before travelling to India.
