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Permission to work abroad during 498a , merchant navy


27-Feb-2023 (In Criminal Law)

I am a merchant navy officer who has FIR regstered against self and old kidney transplant recipient mother on 3rd Sep-2015, 498a,406 and 34. 5 ays Notice bail granted 29 Sep-2015.Police delaying investigation to force to come to settlement. I applied to Trial Court for permission to go for my job using Article 21,her maintenance case, monetary requirements for my daughter's and mother's ailments . Court denied permission saying presence of prime accused is required in investigation as well as trial. What next course of action to get permission to resume work as I am out of job since 9 months.

Answers (3)

Answer #1
668 votes
You must approach high court to get the restrictions removed it is preferable course of action since restrictions for unlimited period cannot be imposed for completion of investigation further you can also got fir quashed against your mother as well
Answer #2
954 votes
Hi,
There are two ways, file protest petition against police for delaying the investigation or challenge the order in Higher Court. Where are you based. Need to be active and do the needful in time. Since you normal work involves going abroad, you will get permission.
Answer #3
613 votes
Hi,

you should file an appeal of trial court order of denial order. I hope upper court give you permission to joint your job as prima facie your problem looks genuine or in alternate court should direct to investigation officer to complete the investigation within one monthe.

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