No name in fir
Querist :
Anonymous
(Querist) 24 December 2022
This query is : Resolved
In a quarrel between neighbours, FIR is launched against my friend's dad who is around 57 years. the contents of FIR has the two house numbers and the address where the quarrel happened. But when the he is called to the court and took the copies, he found that his name is present in chargesheet as A1. He is a government servant and he is worried now. If he wants to travel abroad, do he has to inform in the passport and visa ? or as his name is not there in FIR, he can just omit the fact that he was arrested and later released on bail from the court?
what is the best can be done here, keeping his age and social status and abroad plan.
K Rajasekharan
(Expert) 24 December 2022
He has to obtain permission from the concerned court to travel abroad.
Some connected details are described in my write up on the subject at https://lawwatch.in/guidelines-for-granting-permission-by-criminal-courts-in-issuing-passports/
Dr J C Vashista
(Expert) 25 December 2022
I concur the opinion and advise of expert Mr. K Rajsekharan.
Advocate Bhartesh goyal
(Expert) 25 December 2022
Your friend's father is on bail so hr should not leave the country without prior permission of court else his bail bonds may be cancelled.
SHIRISH PAWAR, 7738990900
(Expert) 25 December 2022
Hello,
Yes, your friend's father has to seek the court's permission for leaving the country.
T. Kalaiselvan, Advocate
(Expert) 27 December 2022
During pendency of a criminal case, the accused cannot travel abroad without the permission of trial court.
Let him not make more mistakes due to such excited issues.
P. Venu
(Expert) 19 January 2023
To my knowledge, there is no constraint as to travelling abroad unless such condition is imposed while grant. However, NOC from the Magistrate/Judge is requisite for issue of passport.
Dr J C Vashista
(Expert) 20 January 2023
Bail order has to be perused.
Seek advise of your lawyer, who is well aware about facts and circumstances of the case, have managed bail of the accused.
