Permission to go abroad in a criminal case

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Permission to go abroad in a criminal case

Many a times in India, a person is involved in a false case by police authorities because of rampant corruption in India. Police in India, known to be highly corrupt, takes bribe and registers case against innocent persons on flimsy evidence. In criminal cases, court seizes the passport of a person and he or she is then not able to go abroad without permission of court. This permission is generally denied by courts at district level. High courts and Supreme Court of India may allow an application by the accused person to go abroad. If the person if not Indian citizen, it becomes even more difficult to get permission of court to go abroad. If the accused has been a Proclaimed Offender (PO), it is nearly impossible to get permission of court to go abroad.

Procedure to get permission of court to go abroad:-

  1. Make an application before trial court (assume that it is court of Magistrate)
  2. State files reply on behalf of complainant
  3. Arguments continue for months
  4. In case application of the accused is dismissed, revision is filed before Sessions Court
  5. In case revision of the accused is dismissed, case is filed before High Court

The above process takes around one year. Generally if the case relates to persons who are not Indian citizens or if the accused has been a PO, courts at district level refuse the application to go abroad. High Courts and Supreme Court may give relief in exceptional cases.

At Simranjeet Law Associates, we have been able to get relief, in 1 day from Chandigarh High Court, for a client who

  1. is citizen of USA,
  2. has been a PO, and also
  3. had second FIR (criminal case) registered u/s 174-A against him because he was PO.

Case order is here.