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leaving india to study in another country
01-Mar-2025 (In Criminal Law)
firstly, i have a pending court case. i want to pursue my education abroad but i have a fir registered under section 67b of IT act 2000 and it will be cbi vs me.
my proceeding starts from april or may 2025. so before that can i get visa and leave india to study and come back whenever my trial dates approaches. i know i have to ask court permission but a few lawyers told me about quashing the fir, as cbi already submitted one preliminary report, do i still have time to quash it by high court?
Since you have an FIR under Section 67B of the IT Act, 2000, and CBI is handling the case, you have two main legal options:
Quashing the FIR (Under Section 482 CrPC) – You can approach the High Court to quash the FIR if there is no strong evidence against you, or if the case lacks merit. Since a preliminary report has already been filed, the success of quashing depends on the report’s findings. If the report is weak or the case is false, the High Court can quash the FIR.
Seeking Court Permission to Travel – If quashing is not possible immediately, you must file an application before the trial court or High Court seeking permission to travel abroad for education. Courts usually grant permission if you assure them that you will attend trial dates when required.
Since proceedings are starting file the necessary applications. The sooner you act, the better your chances of quashing or securing travel permission.
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Adv. Benjamin Sishu
Cuttack | 25+ Answers
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