Dear Sir/Madam, I had a LOC issued against me in Feb 2016 by my wife through 498A. We have come to mutual agreement by paying lumpsum and HC (including the trial court/local magistrate) had quashed all the proceedings during in January 2017. All the certified copies were sent to local police station and DSP office as well.But still I have been stopping at Immigration desk every time I travel. Most recently they have stopped me at immi desk in Jul 2017 as well and contacted local police station who issued LOC and let me go after understanding there are all pending cases against me were quashed. Please can you let me know what will be the procedure to cancel/remove LOC flagged against me? the local police authorities are not responding well and they say we have done all the closure activities. Thanks a Lot in advance for your help in this regard.
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1.Inform The FRRO about pendency of this LOC.
2. Send all the quashing documents to FRRO as well including immigration authority/MEA.
3.then send RTI to seek its status.
4.if you find no result then file writ petition on the basis of the quashing of all cases so the LOC is revoked.
The authorities will not cancel the LOC even after the cases have been quashed by the HC. In these circumstances you have to seek the directions of the HC to the competent authority to cancel the LOC with immediate effect. Unless the directions are issued by the HC the status quo will not change. So file a writ petition.
LOC removal request will need to be sent from the local police station to the FRRO in Hyderabad and then finally to the FRRO in Delhi before it can be completely removed from the immigration system
Thanks very much for prompt response. The problem being the local police station is my wife's native place and the police there are not responding to any queries. They are saying they cant do anything in this regard and directing me to file a petition in court again. Is there a way can I file an application on my own to FRRO? Is there a common format/template I can send to FRRO? Any help in this regard is much appreciated. Thanks
File RTI application with local police station and obtain copy of letter sent by local police station to FRRO
If you do not obtain copy of letter or reference number then file writ in HC for removal of your name from database of immigration system
I wonder you are you chasing Police.it is FRRO or MEA which would solve your problem, not the police.
You can writ them . Else writ petition is always there to get relief.
1. in this condition you should file a petition before the high court for compliance of its order.
2. according to ratio laid down under b.s.joshi vs state of Haryana, once offence is compromised case becomes dismissed, so remaining in force of LOC is illegal.
3. you should array ministry of home as party in the petition, court then pass an order and quash that notice in order to compliance of its order passed in quashing of proceeding.
Move the High Court through a writ petition, as advised earlier.
Dear Querist
immediately file an application before the trail court for the removal of LOC issued by the Police against you as the matter has been quashed by the HC, the Court has power to issue direction to police and FRRO too.
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As per rules the LOC will remain effective only for one year from the date of issue.
If there is no intimation from authorities concerned to continue then the order becomes infrutous automatically.
Even the immigration authorities know this rule and law.
However you may approach the concerned authorities with a representation in writing to get this embargo cleared.
The local police will not come to your rescue or would cooperate with you.
You can take the help of a local lawyer to draft an application in this regard.