• Criminal case complainant moving abroad

I am the complainant in a criminal case in India.The case was registered through 156(3) application and Hon'ble court ordered FIR. The case is currently at trial stage in district court. 
I would be thankful if someone can answer the following queries:
1. Can I move to another country permanently?
2. What will happen to the case if I move to another country?
3. What should I do if I want the case to continue after I move abroad permanently?

None of my relative is willing to look after the case.

Please share valuable suggestions.
Asked 1 year ago in Criminal Law
Religion: Hindu

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11 Answers

Dear client Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India. However, it depends on the conditions on which your bail was granted.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Dear client, I beg a pardon for the same. It was just a general answer and not directed towards you. I hope you understand.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1.  Since you are the defacto complainant you would be required to be present before court during witness evidence deposition, however there is no restriction for you to travel abroad during the pendency of the criminal case that has been filed by you.

2. Since the case will be prosecuted by police, it will go on as per law.

3. Your part is completed after the case is taken on its file by the court, rest of the things will be taken care of by the public prosecutor.

This is not a private complaint hence your presence is not required for continuing the case, it will be prosecuted as per law.

 

T Kalaiselvan
Advocate, Vellore
84713 Answers
2172 Consultations

5.0 on 5.0

The answer and the opinions rendered were based on your status as complainant and not as an accused.

T Kalaiselvan
Advocate, Vellore
84713 Answers
2172 Consultations

5.0 on 5.0

If you continue case via video conferencing that will also do if you're not accused otherwise ask your lawyer to take POA for legal proceedings in the court. And on final stage you can come to India.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

You can move to another country 

 

2) if you don’t appear in courts to give evidence case would be dismissed 

 

3) if you want to continue case appear in court on dates fixed for trial 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. If you abscond the case will be pending and you will suffer from proclamation

You can contest case by appointing advocate 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1. Yes

2. It will go on without your presence too.

3. Case will go on. Nothing needs to be done. You will have to give your statements before the court as prosecution witness but you can request for video conference from the court too.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

if the offence is cognizable, trial will be conducted by PP and you can appear in Court from abroad through VC. You can also appear in Court even the offence is non-cognizable through VC but trial will be conducted by your lawyer. 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

1. YES, You can move to another country , because the said FIR is not against you 

2. The case will continue against the accused in your absence 

- However, if you will not appear before the court for evidence , then the case may be weak , and the said accused may acquit from the case 

3. In your absence the case will continue. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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