Friend@123 03 January 2025

Permission to visit forgeign from mm (trial) court although chargesheet not filed

Dear Sir,

I got ABA in a criminal case one year ago where session court saddled few conditions that i will not go out of country wothout approval of trial court

The FIR was registered u/s one fiftee three on order of MM (metropolitan court), The case is U/S three eighty five , three eighty nine , five hundred, five hundred six

Although my name was not mentioned by complainant in 156(3) application, police complaint as well as FIR, i was made accused in investigation on insistance of complainant & despite my cooperation to IO around 10 timesi was given notice u/s 41 A, so i took bail from session court, Mumbai.Investigation is gloing on for 20 months and chargesheet not filed yet. IO has not called me since 4 months

I did nt have a job and recently got one in export company who can send me for foriegn tour for company work purpose.

There is no direct link to me in any of the evidence. It is told by IO to court that there was a mail received by complaint where mobile no. of my friend is attached that is why they objected to my ABA but i got the same after i proved court that i cooperated to IO many times.

My query is : SInce i dont know when i will be going to tour & company my ask me to go on short notice, can i approach traial court (although chargesheet yet to file) that to give me permission to go to abroad as and when my emploer asks me to on the terms and conditions decided by trial court and in my absence my advocate can appear and i will not delay the trial/investigation on this excuse / i will submit my iterinery to IO and court whenevry such situation arises etc, Moreover, investigation has been going for last 20 months and no arrest made.

I want this relief so that i do not have to rush last moment to get order from trial court to visit aborad. Or i have to wait till charge sheet filed/ take approval everytime i need to go out which ca be detrimental for my job.

Reply Follow

7 Replies

Lavanya Malhotra 03 January 2025

Yes, you can approach the trial court to seek a general or conditional permission to travel abroad for work purposes. Since the investigation has been ongoing for 20 months and no chargesheet has been filed you can file an application before the Trial Court.

Although this is a technical matter that requires legal expertise. I recommend seeking a lawyer to protect your interests.
Feel free to contact me prachi@lawfinitysolutions.com

Friend@123 03 January 2025

ok, Thank you mam. You based in Mumbai?

T. Kalaiselvan, Advocate (Advocate) 03 January 2025

a person can travel abroad while a criminal case is pending, but there are some restrictions and conditions to consider.

The right to travel abroad is protected by Article 21 of the Indian Constitution and cannot be taken away by the state without a valid reason.

The accused must get permission from the court where the case is pending.

The accused must provide compelling arguments and evidence to the court to demonstrate their intent to return and the necessity of travel

The accused should provide adequate sureties to enhance their chances of getting permission.

The court will scrutinize the urgency and dire need for the reason to travel.

Mere pendency of a criminal case does not automatically disqualify a person from exercising his right to seek long-term opportunities abroad, the Delhi High Court has noted.

Friend@123 03 January 2025

Noted sir. Thanks. In our case even the trial has not started as chargesheet not filed and we dont know when will the IO file the same, so tying to take preemptive step to get a conditional order from trial court instead of rushing at last moment when the company asks me to go for office tour & at that time i may not get in timely manner.