• Official permission letter to travel abroad from court when an FIR is filed

Hi All,
I am Kumar, Age: 26, from Visakhapatnam, Andhra Pradesh. I married in March 2019. But due to our differences we are staying separately since May 2021. I am working in a renowned IT company in India.
In March 2021, I got an onsite offer to Canada and my company started processing my Work Visa. As she is aware of it and wanted to create issues in my professional life, she filed a FIR with Sections 498-A-IPC, 3 and 4 of DP Act in the nearby Women Police Station. In the meanwhile, I got W1 Work Permit of Canada for 2 years.
Current Status of FIR: Under Investigation and Charge sheet created. Investigation Officer came to our home last month for enquiry.
Once she filed the FIR, she complained to my Company HR and they want to check with our Company's legal team to proceed forward for my onsite offer. As of now my travel is on hold and it would be resumed only after the FIR on me was closed. But this will be taking time.
On my manager request, the legal team is at least expecting an official Confirmation Letter to travel abroad from any of the concerned authorities like Police, Court etc.
In my preliminary research (Rakesh Kumar vs State on 24 March 2017), I found that we can get a permission from Court once the FIR is summoned to Court and after we get a CR Number. 
But in my Case, still the FIR is in Investigation stage. I guess it would take around 6 – 12 months to get it summoned to Court. Waiting this period would be very costly for me as I am having only 2 years Work Permit. I haven't approached any Lawyer till now.
Can anyone Please help me in below queries, 
1. Can we get any Official Permission Letter to travel abroad from Police when a FIR is filed?
2. Can we get any official Permission Letter to travel abroad from Court when a FIR is filed and in the investigation Stage? (before summoning the FIR to Court and getting a CC number)
3. Once the FIR is summoned to Court, what would be steps to be followed to get the Permission from Court to travel abroad (my major concern here is, can we apply for this permission in the stage of ‘Summons’ or in the further stages like ‘Cross Examination’ or any other)


Please correct me if I am wrong and Please help me, I waited for 3 years for this opportunity.
Asked 2 years ago in Family Law
Religion: Hindu

2 answers received in 1 hour.

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8 Answers

1. Police is not the authority to permit you to travel abroad during the pendency of FIR or a criminal case against you.

You may have to approach the trial court alone to with an application seeking permission to travel abroad during the pendency of FIR against you.

2. Once a FIR is registered against you then the court would be intimated about the FIR by filing the original FIR ij court, hence you can approach court with an application seeking permission to travel abroad.

3. See the above answers. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can travel without permission till your chargesheet is filed and cognisance is not taken

No need 

You need to take permission from court after cognisance is taken by court

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Kindly clarify whether  while granting bail  any terms and conditions have been imposed by court for your travel abroad 

 

2)  if no such conditions imposed you can travel abroad without court permission 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. If the charge sheet has already filed in the court , then you can move an application before the court for getting permission to travel abroad .

- Further if the court has not impound your passport then you are free to travel abroad , and only lodging an FIR is not enough for the same. 

2. Yes , move an application before the court. 

3. If you have taken bail from the court , then you are free to travel abroad with the declaration that you will produce yourself at the time of evidence in the case and in the date of hearing . 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

While delivering judgment in Rajesh Kumar’s case Supreme Court  has referred to observation made by Delhi High Court in Chander Bhan’s to the effect that,  “FIR in such cases should not be registered in a routine manner.” In your case FIR is yet to be registered by IO. Any application seeking permission to leave India will be premature as quite possibly after investigation police may not register FIR. Still wife has right to approach Court and get direction to police to register FIR. It is only after registration  of FIR you can approach trail Court and after that High Court seeking permission to fly. Above cases support your case. You can give undertaking of returning to India and appear in Court through vc.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Dear client, 

police cannot give you any official permission letter to travel. When the charge sheet is filled in the court after the investigation, only then you can seek permission from the court to travel. 

Thank you 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Dear Querist

immediately file an application before concerned magistrate for permission to traveling abroad, the magistrate court shall issue notice to investigation officer as well as complainant and after hearing both the parties, the court may grant you the permission to travel abroad as it is your fundamental right provided and guaranteed by constitution of India.

 

yes, you can get the permission from the court without even file the charge sheet by police.

 

there is no requirement for summon the charge sheet.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

it was possible for you to travel if she not reached HR.

Now HR washed their hands.

Police doesnt have any authority to issue such approval.

 

It seems you not took Anticipatory Bail as you dont have any lawyer.

First you have to approach lawyer to apply for travel approval.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

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