• FIR quashed by High Court. Does look out notice is also withdrawn by the Authorities

FIR is quashed by high court lodged by my wife in India as a result of divorce. I live abroad and would like to know if there was any look out notice at the airport. Will that look out notice be automatically withdrawn?
Asked 9 months ago in Civil Law from Australia

Hello

The outlook notice Is for those people who are proclaimed offenders and are absconding. In your case you are abroad and must have filed the petition in the hc through a power of attorney.now the fir has been quashed. So I don't think that there would be a problem.divorce proceedings are already over.

Regards

Rahul Mishra
Advocate, Lucknow
3563 Answers
10 Consultations

5.0 on 5.0

No look notice is issued in such cases. Even if it has been issued , after quashing it stands null & void

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

The cancellation of the passport cannot be done arbitrarily and it would be intimated to you to come and present before the RPO. You will have an opportunity of hearing. In case this all was done before the quashing these proceedings too would abate. A s precautionary measure intimate them via mail speed post about the quashing of the case.

Regards

Rahul Mishra
Advocate, Lucknow
3563 Answers
10 Consultations

5.0 on 5.0

LOC must have been issued on basis that FIR had been filed against you , that you had failed to cooperate with investigations .

,once FIR has been quashed LOC would become void

Ajay Sethi
Advocate, Mumbai
62517 Answers
3810 Consultations

5.0 on 5.0

For cancellation of your passport notice would have been issued to you why your passport should not be cancelled

In reply you should take the plea that FIR has been quashed against you

Ajay Sethi
Advocate, Mumbai
62517 Answers
3810 Consultations

5.0 on 5.0

1) You better appoint your parents or brother on behalf of you to run this case or give them POA, so that your passport won't get cancelled or impound by passport authority.

Ganesh Kadam
Advocate, Pune
6771 Answers
53 Consultations

4.9 on 5.0

1. If the FIR is quashed along with all consequential proceedings then the LOC too stands quashed.

2. No consequences ensue now out of the FIR as it has been quashed.

3. Send a certified copy of the HC order to the RPO and Ministry of External Affairs along with a representation.

Ashish Davessar
Advocate, Jaipur
25947 Answers
753 Consultations

5.0 on 5.0

If the criminal case is quashed then all the proceedings related there of are quashed so the LOC issued is also cancelled.

Shubham Jhajharia
Advocate, Ahmedabad
16165 Answers
66 Consultations

5.0 on 5.0

She if passport was to be cancelled or they have prayed something like that you would have been notified further in case of quashing that proceeding shall also stop.

Shubham Jhajharia
Advocate, Ahmedabad
16165 Answers
66 Consultations

5.0 on 5.0

Firslty, Sir, as per the information mentioned in the present query, makes it clear that the FIR has already been quashed.

Secondly, and once the FIR is been quashed then there is no scope for any such notice against the so called accused in the FIR.

Thirdly, if they are going to cancel the passport then there must be some other reason for that otherwise being the authority they know that they can’t do it if they are doing it because of the FIR as the same has already been quashed.

You need to contact the passport authority about the same.

Sanjay Baniwal
Advocate, South Delhi
4243 Answers
8 Consultations

5.0 on 5.0

Hello,

If the FIR has been quashed by the HC then any proceedings/ action in furtherance of the said FIR will be set aside which also includes the look out notice.

Regards

Anilesh Tewari
Advocate, New Delhi
15920 Answers
235 Consultations

5.0 on 5.0

Passport can not be cancelled by the authorities without issuance of a notice to you or without giving you an opportunity of hearing.

Regards

Anilesh Tewari
Advocate, New Delhi
15920 Answers
235 Consultations

5.0 on 5.0

Yes, with the FIR having been quashed, the look out notice is rendered bad.

The above is on the Legal principle that when the foundation is bad, the superstructure falls automatically.

Vibhanshu Srivastava
Advocate, New Delhi
8276 Answers
121 Consultations

5.0 on 5.0

Your advocate is right when the FIR is best it is intimated to the police and police action is to get look out notice as null and void.

Vimlesh Prasad Mishra
Advocate, Lucknow
4990 Answers
12 Consultations

4.9 on 5.0

1. The FIR has been quashed for which there is no case pending against you in India in connection with the said FIR.

2. Al the associated steps taken by the police in connection to the said FIR is expected to die automatically and become infructuous.

3. However, LOC notice is not an arrest warrant to be afraid of. The immigration authority will detain you and inform the authority who has issued the LOC and in this case the police will inform the immigration authority that there is no FIR pending against you now to your relief.

Krishna Kishore Ganguly
Advocate, Kolkata
22004 Answers
570 Consultations

5.0 on 5.0

1. If your passport has been impounded, you shall be informed accordingly.

2. Moreover, passport will be impounded by the passport authority being so directed by a Court order.

3. There is no scope for your getting your passport impounded when the FIR registered against you has already been quashed,.

Krishna Kishore Ganguly
Advocate, Kolkata
22004 Answers
570 Consultations

5.0 on 5.0

Yes. Cancellation of passport will be nullified.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Once a case is quashed by High Court, the entire criminal proceedings are Deemed to be cancelled by that order, including the look out circular.

However, if you are still apprehensive, you can inspect all the orders of the court in your case,

to ascertain whether it has been issued in your name or not.

Siddharth Jain
Advocate, New Delhi
4310 Answers
45 Consultations

5.0 on 5.0

If you get any notice of cancellation from the regional passport office, you can supply them a certified copy of the order of High Court quashing the case as your passport cannot be cancelled without you being heard.

Siddharth Jain
Advocate, New Delhi
4310 Answers
45 Consultations

5.0 on 5.0

Please have a certified copy of the quashing order and keep it with you when ever you visit India.There is nothing remains now and take a sound sleep.

Koshal Kumar Vatsa
Advocate, Gurgaon
1431 Answers
1 Consultation

5.0 on 5.0

FIR is quashed by high court lodged by my wife in India as a result of divorce. I live abroad and would like to know if there was any look out notice at the airport. Will that look out notice be automatically withdrawn?

Actually the LOC is valid for one year only , the authorities have to issue a fresh LOC after completion of one year.

The quash of FIR will not automatically invalidate the LOC, you may have to pressurise the police to remove the notice/circular based on the fact that the FIR has already been quashed, because they may not bother about it until they are reminded.

T Kalaiselvan
Advocate, Vellore
52590 Answers
632 Consultations

5.0 on 5.0

As one of your solicitor suggested the look out notice becomes null/ void due to fir quashed. That is ok. What about recently I heard that they are canceling the passport as I have indian passport. So if they have request placed to cancel the passport or has been canceled. Will that be also void /null due to matter has been settled and fir has quashed

An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC.

Recourse to LOCs can be taken by an investigating agency in cognisable offences under IPC or other penal laws, where the accused is deliberately evading arrest or not appearing in the trial court, is a flight risk, despite Non-bailable Warrants (NBW) and other coercive measures.

The LOC is a coercive measure to make a person surrender to the investigating agency or court of law. The subordinate courts’ jurisdiction in affirming or cancelling a LOC is commensurate with the jurisdiction of affirming or cancelling Non-bailable Warrants.

T Kalaiselvan
Advocate, Vellore
52590 Answers
632 Consultations

5.0 on 5.0

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