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can i get a study visa if i have a criminal pending case?


30-May-2023 (In Criminal Law)
I AM A engineer graduate . i have finished my college and was working .by 2017 i have resigned my job and was preparing to leave india to canada in search of job.during that time i used work as an acting driver as an part time job.one day i got a client asking for a trip tp pondicherry. and they provided a room for me and i stayed there for a night. and next day before returning they went out and came and asked me to get ready to leave . so i took the car and started back home.so police stopped on a checkpost and i stopped .while checking the car the boot was loaded with liquor .and police filed a case including me under spirit case under section 4(1)(aaa).and arrestedme as A3 . i got bail and came back to my home town. and i din recieve any sommon after that . its been 5 years.ow again i got an opportunity to leave to germany. a lawyer suggested me to apply for an noc in chennai high court . is it enough to clear the visa process? i never had any offence before
Answers (1)

Answer #1
880 votes
In principle you need to declare any arrests and pending cases in the visa form. If you do not declare and suppress material facts it is offense again. Therefore you need to approach the High Court to quash the FIR or final report. Section 4(1)(aaa) leads up to 3 years imprisonment and fine up to ten thousand rupees.
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