• Car accident IPC 279 and 304A

Sir,
I met with an accident on last February 26. A person died an d police charged FIR against me u/s IPC 279 and 304A. The accident was like this. The died person suddenly came back while crossing the road and hits at driver side mudguard and door - it is there in MVI report. And he fell down to the back tyre of a police bus which came from opposite side. Now it is 4 months over (one more day) but till now the police not filed the chargesheet. 
Now I got a chance to go abroad as an onsite from my company. So I need to know the following.
1. Can I travel abroad?
2. If so what are the required documents / permissions I need to collect related to this FIR.
3. Can I get a police clearance certificate from passport office 

Please help.

Thanks 
Vineeth
Asked 6 months ago in Criminal Law from Kochi, Kerala
Religion: Hindu
1. Pendency of criminal itself is no restraint on foreign travel unless the court puts any such objection while granting bail to the accused person or the country to be traveled refuses to grant visa to an under trial.
2. Nothing , refer to your bail order to find out any such restriction is imposed by court or not.
3. If you have no passport as yet then you have to apply and in that event you require police clearance and permission of court as well.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1)  court must have imposed some conditions while releasing  you on bail .you would need permission from court wherein your case is pending to travel abroad .



2)in  Maneka Gandhi  v.  Union of India, (1978) 1 SCC 248 : AIR 1978 SC 597 : (1978) 2 SCR 621, a 7-Judge Constitution Bench of the Supreme Court had held that the right to go abroad is included within “personal liberty” guaranteed as a fundamental right under Article 21 of the Constitution and that this right can be taken away only in accordance with procedure established by law, and moreover, “procedure” mentioned in Article 21 cannot be arbitrary, unfair, oppressive or unreasonable.
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
lause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 (hereinafter referred to as Act) empowers the Passport authority to refuse to issue a passport or travel documents for going abroad in the event the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.


notification issued by the Ministry of External Affairs, New Delhi dated 25th August, 1993 in GSR 570(E). The relevant extract of the notification reads thus:- "No, GSR 570(E)  In exercise of the powers conferred by clause (1) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.(E), dated the 14th April, 1970, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub section (2) of Section 6 of the said Act. Subject to the following conditions, namely;- (a) the passport to be issued to every such citizen shall be issued -

(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of (a)(i) and (a)(n) can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the Laid citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued".
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. If there is no restriction by court, you can travel abroad without informing the court and return at the time of hearing before the court.

2.  Legally when there is a criminal case pending before court, the accused cannot travel abroad, however since there is no restriction by court, the airport or immigration authorities will not be alerted about this, hence dont seek permission from court which you may not get, you can travel and come back safely before the next date of hearing. 



3. You will not police clearance certificate if you inform about this pending criminal case against you, instead try not to be very legal about it.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1. If the court order does not put any embargo on your right to travel abroad and you have been granted visa then you are free to go. Needless to add, you will have to appear in the court as and when mandated by it.

2. If background verification is still to be conducted then the pendency of the criminal case can be a major obstacle in your intended foreign travel.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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