Parth Chandra (none) 11 August 2010

Going Abroad while 498a & Crpc 125 pending

Hi Dear Experts,

I have been offered an 1 year long abroad opportunity by my company, Kindly advice what should I do based on below points.

1) false 498a case pending along with Dowry Prohibition and other similar charges like tried to murder etc., Chargesheet has been filed and trial to begin. Case filed in Jan-2010 and chargesheet filed in March-2010.
2) I am on regular bail and one bail condition suggests that I should not leave Gujarat & Maharashtra during pendancy of case.
3) CRPC 125 going on, Cross examination of petitioner is due on next date.
4) My company is not aware about these criminal proceedings and in our appointment letter it is mentioned that any criminal proceedings can lead to termination (this is one condition under termination clause).

Now questions are...
i) Should I grab this important opportunity?
ii) What should I do in 498a case and crpc 125 case to go abroad?
iii) Does L1 or H1 Visa (USA) requires police verification...If yes, how strict it is?
iv) Should I inform my company of such criminal proceedings against me, if they threat me to termination, what should I do?
v) What will happen to 498a & crpc 125 cases if I go abroad while they are pending?

Experts,
Kindly reply ASAP as I need to give confirmation to my company today it-self.

Reply Follow

3 Replies

(Guest)

1. Apply to concerned Court showing Maneka Gandhi Vs UOI Judgment on right to freedom and Passport retrival from Court.

2. Bring into confidence your HR about FAMILY disputes and give logics to HR that this could happen to you too and to other employees of the Company hence see my return to company and not false criminal charges for which Court is there to acquit or put me behind bars. Today you may terminate my service just because I was feelign ashamed to bring these criminal cases to your notice but tomorrow if majority of employees face same situation as per societal trends then will you shut down your Company kya !

3. Yes, you should put the criminal cases on Visa application papers and US consultate understands the real nature of such cases and they themself have given adversary Notices on Indian Marriages so they will grill you least to least and politely answer their questions without being judgmental about the issues.

4. Appoint POA to run the different cases and enjoy YOUR LIFE.

If you remain scared of their advances then no point even leading a normal man's life remain / sit back at home and do hare rama hare krishna 24 X 7 then ! This I said because it tests the statement that you made in your post that all cases are FALSE ? If you are so confident then show the same confidence in your day-to-day life too.

All the best.