Dear Experts, My wife gave a complaint under 498A when I was working abroad. I came to the police station 3 times from foriegn for the enquiry. Later, an FIR was filed after I returned to work and subsequently an LOC is issued. I was detained in the airport when I return for a family function and remand was executed in the local police station and subsequently I was granted a bail from the Judicial magistrate court. Later, a charge sheet was made by the police and the CC is numbered now. The police and my lawyer confirmed that the LOC will be automatically cancelled as it was duly executed. But when I tried to return back to work, I was told by the immigration that the LOC is still active and I was sent back (after 8 hours of detention at the airport). I filed a Writ petition at Madurai high court for cancellation of the LOC. But high court has dismissed my petition mentioning "with the liberty to take this up with the lower court". My question is, 1. Do district courts have the authority to direct the police to cancel the LOC? 2. Is there any provision in IPC to file such petitions in district / magistrate court? Thanks in advance,
You have to apply to trial court for cancellation of LOC
2) The Delhi High Court has held a
look-out circular and Red Corner Notice issued by
investigating agencies or Interpol against any person, accused
of any offence, can be cancelled by Metropolitan Magistrate
court.
"Look-out circular can be withdrawn by the authority that
issued and can also be rescinded by the trial court where case
is pending or having jurisdiction over concerned police
station on an application by the person concerned
1. Sir you can leave the country with only permission of the court by making application in lower court.
2. There must be condition in bail that you cannot leave country same has to be modified under 439 crpc.
Dear Mr. Ajay, Thanks for the quick and clear response. I had raised the case with the JM court where the original case is pending. The JM court magistrate has asked to resubmit the petition with proper provisions. Is it sufficient to produce the order mentioned by you as a provision or should we mention any other IPC or CrPc sections as well? Thanks in advance.
Sir file an application under 439 crpc for the modification of bail order and appropriate case laws.
The better way to deal with this is to approach the trial court for cancelling/suspension of LOC.
The order produced hereinabove will be sufficient.
Also file a copy of the order of the HC
Yes lower court has power to order cancellation of LOC
Enclose copy of Delhi high court order wherein it is held that magistrate can cancel the LOC issued
Dear Client,
Issuance of Look Out Circulars in respect of Indian citizens and foreigners are regulated under office memorandum dated 27.10.2010 issued by the Ministry of Home Affairs (Foreigners Division), Government of India. Valid for one year than automatic deletion.
Which authority issued it, home department or court ?
If home department than request them to with draw otherwise submit application to trial court for cancellation as you are already appeared before court and granted bail.
Hence purpose of loc served and no more valid.
