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FIR registered can I leave the country


21-Apr-2023 (In Criminal Law)
FIR registered against the family but name of 1 family member not mentioned in FIR..only relation is mentioned...can that member leave the country?
Answers (7)

Answer #1
664 votes
Everyone can leave the country unless restrained by Court of law. Where restraint is imposed, permission can be taken from Higher Court for reasons, If you want to stop someone from leaving the country, file application in appropriate court of law with aforesaid prayer and in other case, take visa and just leave. However, on arrival you shall be required to take anticipatory bail before entering the airport. Your property shall be crying for you if complainant is aware of that. Consult your lawyer personally.
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People also ask

Can a person take his FIR back?

Once a FIR is filed, it cannot be withdrawn. The Police (Law Enforcement), who have the power to dispose of a complaint, can convert it into a charge sheet or issue a "B" report. A court can also dismiss it.

Can I get visa if I have FIR?

You wont be affected by a criminal complaint filed against you with the Indian court or local police. It is not your concern if the FIR was filed against another person for immigration purposes.

How serious is a FIR in India?

A FIR is an important document, as it starts the criminal justice process. Only after the FIR has been registered at the police station will the police begin investigating the case. Who can file an FIR? Anyone who has knowledge of the commission or a cognizable offense can lodge an FIR.

Can you go abroad if you have criminal case?

Yes. You can leave the country as long as your visa is valid and there are no court orders that specifically ask you not to. What happens if a court case is still pending when I travel abroad? You must ask the court for permission before leaving and appoint a power of attorney.

  
Answer #2
915 votes
Any one can leave country, if he/she has valid visa until he/ she is arrested or look out notice is issued to all the airports by the Police . It should be taken into consideration that once any accused leave country without permission from court , he/she will be declared as P.O and his/ her property may be attached and in case he/ she comes back in the country, he/she will be arrested.

Rest discuss in detail with your counsel.

regards
Adv malhotra
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Answer #3
621 votes
Yes, if your name is not mentioned in FIR then you go out of India. even if FIR has been registered against you but you have not been declared PO in said criminal case, you may go to other country.
But if police ask to surrender your passport then please don't do it. leave leave India prior to this.
for more clarification you may fix appointment.
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Answer #4
897 votes
what is the stage of F.I.R,is it at investigation stage or challan has been submitted before the trial court ? if investigation is not complete then convince the investigating agency about innocence, but it is advisiable that you settle the things before leaving the country.
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Answer #5
737 votes
Only registration of FIR does not bar you to leave country until unless further action has been taken I.e. arrest or challan presentation. It also depends on the nature of allegation means under which section FIR has been registered and the role attributed to the accused.
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Answer #6
454 votes
  1. No Automatic Travel Restriction:
    • Having an FIR registered against you in India does not automatically restrict your ability to travel abroad. You can still apply for a passport and obtain a visa for international travel.
  2. Court Appearances and Notices:
    • However, it's important to consider any court appearances or notices related to the FIR. If you have been summoned by a court or are required to appear before law enforcement authorities, leaving the country without addressing these obligations can lead to legal complications.
  3. Bail and Legal Proceedings:
    • If you are a named accused in a criminal case and have obtained bail or are not under arrest, you may have the flexibility to travel abroad, but you must comply with the conditions set by the court, including seeking permission to travel if required.
  4. Lookout Circular:
    • In certain cases, especially if there is a serious criminal charge, law enforcement agencies may issue a lookout circular to prevent a person from leaving the country. It's crucial to check whether such a circular has been issued against you.
  5. Legal Consultation:
    • Before planning international travel with an ongoing criminal case, consult with a legal expert who can advise you on your specific situation. They can help you understand any travel restrictions and the legal implications of leaving the country.
  6. Returning for Court Proceedings:
    • If you do travel abroad, make sure you have a plan to return for court proceedings as required. Failure to appear in court can result in legal consequences, including the issuance of warrants.
  7. Visa Applications:
    • When applying for a visa to travel abroad, be honest about any ongoing legal cases and provide all required documentation. Visa authorities may consider your background when evaluating your application.
  8. Immigration and Border Control:
    • Be prepared to undergo immigration and border control checks when departing and arriving in India. Authorities may verify whether you have any pending legal issues.
  9. Legal Clearance:
    • In some cases, obtaining a legal clearance certificate from the local police or court can help address concerns about traveling with a pending FIR.
It's essential to approach international travel carefully when you have an FIR registered against you, ensuring that you comply with all legal requirements and obligations associated with your specific case
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Answer #7
199 votes
The fact that an FIR was registered in the name the accused does not entail a restriction on their freedom to travel abroad. This right, however, is not absolute or unrestricted. It is subject to reasonable limitations, which are determined by the court, and may be curtailed through any legal procedure.
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