What to do if case pending for charges under Section 188 and 353 IPC
04-May-2023 (In Criminal Law)
I have been booked under IPC 188 and 353 . two FIR on me but i was sent to jail in trail for a day and then got a bail other day . thing is i was applying for permeanent resident visa of canada. they needed a police clearance certificate . so my question is 1) will i be getting a PCC and 2) will i be able to shift to canada ? 3 ) any procedure for ending up the cases.?
Dear Client , if the offence u/s 188 is proved , there are two types of punishment based on the seriousness of the case i.e,. 1. - simple imprisonment for 1 month or fine of Rs.200/- or both and it is a bailable and 2. Imprisonment for 6 months or fine of Rs.1,000/- or both and u/s 353, the punishment is an imprisonment for 2 years or fine or both. Your have been released on bail with some terms conditions. Please go through the bail order to find out if there are any provision for the same. Police don't give Clearance Certificate till the case is disposed and there is no outside settlement option to ending up the case like Civil Cases as it is a Criminal Case.
Unless it is fraud against to the public money or cheating, no one can stop your fundamental right to reside or move in the world. You have to file a petition before the judiciary for relief. Don't worry.
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