Dear client Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India. However, it depends on the conditions on which your bail was granted.
Criminal case complainant moving abroad
I am the complainant in a criminal case in India.The case was registered through 156(3) application and Hon'ble court ordered FIR. The case is currently at trial stage in district court. I would be thankful if someone can answer the following queries: 1. Can I move to another country permanently? 2. What will happen to the case if I move to another country? 3. What should I do if I want the case to continue after I move abroad permanently? None of my relative is willing to look after the case. Please share valuable suggestions.
Asked 2 years ago in Criminal Law
Religion: Hindu
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11 Answers
Sir, I am not the accused. I'm the complainant.
Asked 2 years ago
Dear client, I beg a pardon for the same. It was just a general answer and not directed towards you. I hope you understand.
1. Since you are the defacto complainant you would be required to be present before court during witness evidence deposition, however there is no restriction for you to travel abroad during the pendency of the criminal case that has been filed by you.
2. Since the case will be prosecuted by police, it will go on as per law.
3. Your part is completed after the case is taken on its file by the court, rest of the things will be taken care of by the public prosecutor.
This is not a private complaint hence your presence is not required for continuing the case, it will be prosecuted as per law.
The answer and the opinions rendered were based on your status as complainant and not as an accused.
If you continue case via video conferencing that will also do if you're not accused otherwise ask your lawyer to take POA for legal proceedings in the court. And on final stage you can come to India.
You can move to another country
2) if you don’t appear in courts to give evidence case would be dismissed
3) if you want to continue case appear in court on dates fixed for trial
1. If you abscond the case will be pending and you will suffer from proclamation
You can contest case by appointing advocate
1. Yes
2. It will go on without your presence too.
3. Case will go on. Nothing needs to be done. You will have to give your statements before the court as prosecution witness but you can request for video conference from the court too.
if the offence is cognizable, trial will be conducted by PP and you can appear in Court from abroad through VC. You can also appear in Court even the offence is non-cognizable through VC but trial will be conducted by your lawyer.
1. YES, You can move to another country , because the said FIR is not against you
2. The case will continue against the accused in your absence
- However, if you will not appear before the court for evidence , then the case may be weak , and the said accused may acquit from the case
3. In your absence the case will continue.
Act as mentioned herein above