• False 498a, charge sheet filed and look out notice issued

Hello Everyone, 

Married in January 2014 and Divorced in July 2015 as per Muslim marriage.Had 1 child from the marriage.I have filed for Child custody in Nov 2015 and my ex wife has FIR registered for FALSE 498a in Nov 2017. Family members got AB except me.Tried all meditations but all failed including one counselling session. 

Yesterday I came to know that charge sheet has been filed without any investigation and Look out notice has been issued against my passport. I'm currently in Canada. Please advise what should be next steps on it ?
Asked 4 years ago in Family Law
Religion: Muslim

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14 Answers

Hello,

You will have to appear hear in india before the court.

You may also file a charge sheet quashing petition in the High Court or a discharge petition in lower court through an advocate. Whether the same can or can not be filed without you, can be told to you by a local lawyer, as law varies from state to state.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See it would be better if you go back India though some can advise you to stay back but that wont solve the issue and then LOC is there and you are not lucky you will be arrested and then obtain the bail. or if not caught on airport file a petition in high court for Anticipatory bail and setting aside LOC. Once the AB is granted file for quashing of the FIR.

See you are in Indian citizen using Indian passport so now the court may order to impound passport and then you shall be deported that will a issue so better come back and contest the case or obtain the bail and with permission of court you can go back.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

file a petition to quash the impugned charges best before the High Court of your jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Client,

Apply for anticipatory bail, once granted you can seek court direction to visit abroad.

If you will not appear than passport will impound and you will be force to return.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) Don't worry this can be sorted by issuing POA from Canada through Indian Embassy.

2) NRI can fight the false court case without coming to India.

3) NRI can fight false court case party in person just through representations sent by him from outside India & pressing the counter cases against the wife sitting right outside India,

Similarly, NBW issues, LOC Issues, Passport Issues, Proclaimed Offender/ Look Out Circular Isues can be fought by his without entering India & that too without the help of any lawyer or advocate or even vakalatnama & through his POA i.e., Power of Attorney to his relatives only & NEVER EVER POA TO ANY ADVOCATE OR LAWYER.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. LOC notice is not an arrest warrant to cause panic but 498A section is non bailable though now a days no arrests are made without conducting investigation about the complaint. .

2. It indicates that you shall be detained at the Airport in India to be informed to the authority which has issued the said LOC notice.

3. Do not let the matter to ge carried forward and further and think about surreder bail for which your Advocate shall have to fix the gropund after talking to the Public Prosecutor and also the IO.

4. Once you manage to get the bail, contest the case fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You should come down to India apply for Anticipatory bail

2) make application to court for cancellation of LOC

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hi, you can file a appeal in high court challenging the order of the lower court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Sir,

It is one of the weakest case and you can easily get an order of quashing charge sheet u/s 482 of Cr PC. The record goes to show that as a counter blast your wife used the weapon of dowry claim at a belated stage which do not stand to the judiciary tests. Even without visiting India you can immediately get stay on all further proceedings of charge sheet and get consequent relief of quashing chargesheet.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Firstly file an application for quashing of FIR in jurisdiction high court under section 482 Crpc. It is a fit case to be quashed by high court secondly you need not appear till the case is quashed. Also if you can apply for anticipatory bail on fresh ground and try to get anticipatory bail in the said case

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You should file a petition for quashing of FIR along with the lookout circular and entire Jungle proceedings against you and your family under section 482 of CrPC in High Court.

Also, you will be arrested if you enter India as look out circular has already been issued.

So, it's advisable to seek anticipatory bail through power of attorney holder in India.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. On what basis do you say that chargesheet has been filed without investigation? Chargesheet gets filed only after the completion of investigation, not before it.

2. If the chargesheet or the material collected in support of it does not demonstrate the commission of the offence alleged then you can file a discharge application or even a petition for quashing of FIR and chargesheet in the High Court.

3. Unless the documents are perused nothing concrete can be said.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Please file a mandamus writ petition in the High Court in this regard and challenge the FIR and subsequently final report filed by the police and get the direction of High Court on this look out notice

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The look out circular will be valid for one year after that it has to be validated again.

Since there is a look out circular, it is not advisable to travel to India during this period.

You may inform your relatives to instruct their advocate for splitting the case between you and others, let their case be tried and they can get involved in the case separately without you.

The danger of you coming to India will be that your passport may be ordered to be deposited before court till disposal of the criminal case and you may not be able to return to Canada, thereby your career will be ruined.

Let the case be split and you can advise your advocate for filing a quash petition before high court to quash the charge sheet on the basis of merits in your side

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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