• LOC removal procedure

Hello

I was detained two weeks ago at the airport under a LOC issued in relation to a false 498a made by my wife on me. I wasn't arrested as i had an unconditional anticipatory bail. My passport was confiscated by the police and after visiting the station 3 times post an investigation; have finally been able to get my passport back today.

The police have agreed to start the LOC removal procedure tomorrow and will provide me with a reference number which I can use to follow up with the FRRO.


My questions are the following -

A. My understanding is that the LOC removal request will need to be sent from the local police station to the FRRO in Chennai and then finally to the FRRO in Delhi before it can be completely removed from the immigration system. Can I still travel if I just have the reference number of the LOC removal request assuming it has been emailed to the FRRO in Chennai or does it have to be removed from the database in Delhi before I am allowed to leave the country ?

B. If the answers to the question above is the latter option (removal from Delhi), how long does this process typically take ? Are there things I can do from my side to speed it up ?

Thank you
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

You would be allowed to leave the country only after LoC is removed from the data base . At present the removal procedure has been set in motion only

2) process should take around 3 months or so

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. Yes, if process of removal has already started then on the basis of reference number you can travel.

2. However do carry your bail copy all the time.

3. Nevertheless if you wish to be sanguine before traveling you can obtain necessary information on this regard by sending an application by RTI.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) You can visit the FRRO office in Chennai to confirm whether you can leave the country or not

2) only then book your tickets so that you are not detained in the airport

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. You better get in touch with FRRO.

2. If your travel is indeed urgent then you can proceed to leave.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. Unless the LOC is cancelled they will not let you depart from India even if you have the passport. Unless the LOC is removed from the database you may not be able to leave.

2. Go to FRRO Delhi personally with the reference number. If there is delay in removing the LOC from database, which impedes your departure from India,you may file a writ petition in the HC for appropriate directions to FRRO to expedite it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A Until and unless yo dont get anything in black and white about this relief, you may not be able to proceed, the authorities may again detain you or stop you from travelling until you produce the valid documents to travel.

B The process of removing the LOC from the data base to enable you to travel abroad will take its own time, becasue it is again government red tapism.

You my follow up the mater personally b visiting concerned authorities every time if you feel that the matter is getting struck anywhere for petty or no reason.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Once I get the reference number in the next day or so would you recommend I visit the FRRO in Chennai to ensure that everything is ok ? Or should I just book the flight and communicate the reference number at the airport. I need to get back to work urgently and if I continue staying back in India i risk losing my job.

You canot take law into your hands especially when the situation is developed into a such a serious condition.

Any such proposed action may irritate and provoke the authorities to impose more stringent action against you, hence better handle the things patiently without causing a damage to your own efforts in this aspect.

The police have declined my request to give me a copy of the LOC removal request as apparently it's confidential. They have just agreed to give the reference number but can't seem to tell me if that is enough for me to leave the country.

The reference number alone is not an order for having removed the LOC.

The police do not have power to remove the same, it may recommend after the which the competent authority may pass an order to cancel the LOC existing agaisnt you.

You may have to endure procedures in this regard.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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