you should mention yes
enclose copy of stay order passed by HC
Visa application while I have filed for FIR quashing
I have filed application in High Court for Quashing FIR(offence punishable under Sections – 323, 504, 506(2), 447, 427 r/w. Section 114 of the I.P.C.). Honorable Court has stayed the further process and investigation. Lower Court has stopped the proceeding. Also Court has issued a travel permission with necessary police clearance. Now if I wish to apply for a VISA what should I mention in below question. Have you been charged with any offence that is currently awaiting legal action? (Yes/No)
Asked 7 years ago in Criminal Law
Religion: Other
10 Answers
1. Stay of further process and investigation does not result in the quashing of FIR.
2 You have to answer the question in affirmative as the word 'charge' has to be given the widest meaning and not the restrictive meaning as contemplated under section 173 Cr.P.C.
The answer wuld be Yes.
1. The Court has not yet quashed the FIR.
2. You shall have to mention 'Yes' in the said VISA application form.
Dear Querist
The answer should be " Yes"
unless charged is framed by the court after givin opportunity to the accused and taking consideration upon the police report it cannot be said that accused is charged. your case is pending at pre trial stage. you can claim that you have not been charged, FIR is only an information, it is not a statutory document to confer legal obligation.
@ Shivendra Sir, chargesheet is framed by Police but no trials happend in any of the court. After chargesheet by Police we appear in front of First Class court and immediately we moved to High Court for quashing. High court stayed the process at admission stage and hence First Class Court stopped further proceedings. Hence no trial pending and even i don't have to appear in front of any court in person. Please find latest court order as below. "Since this Court has admitted the main matter and has stayed proceedings of the investigation, I am of the view that the authority concerned should issue a Police Clearance Certificate at the earliest to enable the applicant to travel to Australia. It shall be open for the applicant to travel to Australia subject to furnishing the tour itinerary to the Investigating Officer. Let such Police Clearance Certificate be issued within a period of three days from the date of the receipt of this order."
Asked 7 years ago
you are at liberty to travel abroad as per court order
2) you would be issued PCC by the authorities
3)you should disclose all facts about case filed against you
1. The trial has been stayed by the high court but the FIR has not yet been quashed.
2. In the instant case you have been currently charged with an offence which is awaiting legal action now.
3. The trial of the case is of course pending but has been stayed till the date of further hearing of the quash petition before the high court.
4. Despite the fact that the Court has expressed its opinion that you should be allowed to go to Australia but it does not allow you to write that you have not been currently charged with an offence which is awaiting legal action.
5. make a mention before the Court for further immediate hearing of the case for getting the quash order to enable you to write that you have not been currently charged with an offence which is awaiting legal action.
Now if I wish to apply for a VISA what should I mention in below question.
Have you been charged with any offence that is
currently awaiting legal action? (Yes/No)
Since the police have registered a FIR, you may say yes and in the status you may mention stayed by high court.
Further since the court has permitted you to travel abroad, you may attach a copy of the court order so that the Police clearance certificate may be given without much hassle.
High court stayed the process at admission stage and hence First Class Court stopped further proceedings.
Hence no trial pending and even i don't have to appear in front of any court in person.
Even Though high court has stayed further proceedings, since charge sheet has been filed before court, the status of the case is pending trial.
You should understand that the court has stayed the trial and not disposed the case.
However since the order by the court is ve5ry clear that PCC may be given, there should not be any problem for visa.