• 498A case and US travel

Hi,

My name is Pavan. I travelled to US on Aug 5th but my wife and her relatives filed 498a case on the same day to stop my travel. I didn't know about that and I travelled to US.
Now what are my options?
1) I can't travel back to India as I have some immigration issues going on. I will lose everything if I travel to India
2) Can I continue the case without travelling to India?
3) What are the consequences of not travelling to India while case is pending?
4) Can I stay in US even if my passport gets impounded?

Please help me to get these answers.
Asked 2 years ago in Criminal Law
Religion: Hindu

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12 Answers

1. There is no such threat. 

2  yes

3. Nothing if you are represented by lawyer

4. They may depot if its gets impounded.  But it's not easy to impound the same. 

If you need any further assistance then you can approach me through kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
32092 Answers
183 Consultations

4.1 on 5.0

You should come down to india apply for anticipatory bail from sessions court 

 

2) court may impose some conditions on your travel abroad . You can with court permission travel abroad for work purposes 

 

3) if you don’t obtain anticipatory bail or don’t cooperate with investigations look out circular may be issued against you and passport impounded 

Ajay Sethi
Advocate, Mumbai
94957 Answers
7576 Consultations

5.0 on 5.0

Nothing is going to happen.

Just provide a Special Power of Authority to someone to represent yourself and assist the Court. 
That’s it!

 

Thanks

Harshad Joshi
Advocate, Ahmedabad
55 Answers

Not rated

You and all the others named in the 498A case should seek anticipatory bail. You don't have to come back unless the courts say so.

Mediation will take place first and then if it fails cases will commence.

 

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

1. Legally your travel cannot be stopped , until court pass an order for the same . 

- Further, if the charge sheet has filed in the 498A case , then your appearance is necessary before the court , otherwise court may issue NBW against you , and further LOC can also issued. 

- If you are unable to travel to India , then you can take anticipatory bail from the court with the help of a lawyer . 

2. After getting the anticipatory bail , you can proceed for quashing the FIR from the High Court, and for the same your appearance may not mandatorily required. 

3. Read reply No.1

4. No.

Mohammed Shahzad
Advocate, Delhi
13374 Answers
199 Consultations

5.0 on 5.0

1. You do not have to travel back to India for the purpose of participating in this criminal case. 

You should not even try to file an application to obtain anticipatory bail becasue on granting the AB, you will be required to be present in India to execute the bail as well as if the court imposes condition to deposit your passport with the court, then it would become difficult for you travel back to USA to pursue your career. 

2. Better do not respond to any call while you are in USA.

3. The case will be kept pending for trial until you return to India. 

4. If your passport is impounded by the passport authorities in India,then your stay in USA without a valid passport may become a problem, sometimes the US authorities may even deport you back to India. 

T Kalaiselvan
Advocate, Vellore
85158 Answers
2221 Consultations

5.0 on 5.0

The police may not issue you a PCC on the basis of which a visa is issued. Tge court also order to cancel the visa and ask you to come back.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

The police cannot take any steps to impound the passport.

If she writes a complaint to the passport authorities mentioning there is a criminal case p[ending agaisnt you then only the passport authorities may issue a notice to you asking for explanation or show cause that why your passport should not be impounded as per section 10 of Passport act. 

As  much as posible you do not return to India until and unless you receive a copy of the summons ora notice from passport authorities in this regard. 

T Kalaiselvan
Advocate, Vellore
85158 Answers
2221 Consultations

5.0 on 5.0

Look out circular can be issued against st you 

 

your passport can be impounded by RPO 

 

shiw cause notice would be issued as to why your passport should not be impounded 

Ajay Sethi
Advocate, Mumbai
94957 Answers
7576 Consultations

5.0 on 5.0

Dear Sir,

1. An ex-parte order does not necessarily mean dismissal of the case if the petitioner is absent nor acceptance in to-to of the petitioner's pleadings if respondent is absent. An ex-parte decision means a decision on merits of the case based on evidence available before the court.

2. It may take up to 4 weeks from the day you apply until your application status is “In Process.” During these 4 weeks, your application is delivered to a mail facility, your payment is processed, and your application is scanned and sent to us.

Thank You!

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

It's not easy to impound passport easily. Only if you violate courts order or attendance then as a last resort it can be impounded

Prashant Nayak
Advocate, Mumbai
32092 Answers
183 Consultations

4.1 on 5.0

- For getting the anticipatory bail your appearance is not required , and it can be possible after engaging a lawyer in INDIA. 

- Further, if will take time to impound the passport , as your appearance is required before the court after filing of the charge sheet in the case .

- Further, due to your non-appearance court will firstly issue NBW , then after getting the report from the I.O. of the case , passport matter will come. 

Mohammed Shahzad
Advocate, Delhi
13374 Answers
199 Consultations

5.0 on 5.0

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