• False look out notice on me - can I visit India

Hi all,

My father in law is a police he kept false FIRs( IPC 498a & IPC 420) on me under my absence and with out any information to me. 

with immigration needs I have to travel out of USA and get stamped in India, 
1. Can I get caught if there is any kind of LOC on me, how LOC works.
2. Can I come to India and leave, without informing to the third person. 
3. with immigration needs, I have to get stamped at embassy. 

Please do the needful.
Asked 3 years ago in Family Law
Religion: Hindu

9 answers received in 1 day.

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10 Answers

You would be apprehended  at airport in India if LOC is issued against you 

 

2) you would be produced before trailcourt where case has been filed against you 

 

3) when Look Out Circular is issued against an individual ought to join the investigation by making his appearance before the Investigating Officer or to surrender before the concerned Court or should satisfy that the LOC was wrongfully issued against him. The other option available to the said individual is that he may approached the concerned Officer, who ordered the opening/issuance of LOC and explain to him that the said LOC was incorrectly/ wrongfully issued. Added further, the said LOC can be withdrawn by the authority concerned who issued the same and that apart, the said LOC can also be cancelled by the trial Court where case is pending or having jurisdiction over the concerned police station on an application/petition being projected by the concerned individual

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1. You can be arrested by airport police if there's a LOC pending against your name as you land in any airport in India. 

So better confirm if LOC is there against your name,  if it is,  then you may not travel back to India. 

2. You can do so if you are able to manage. 

3. The stamping at embassy may be that you may enquire from embassy directly. 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

1. Yes, LOC is issued then you would be arrested in the airport.

2. Before coming do get the LOC withdrawn. For this you can challenge the issuance of LOC beofre the high court.

3. This question is not clear .

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under: -

1. Yes, if there is any LOC open against you then you will be caught, immediately during your arrival at the airport.

2. No, possible if LOC is open.

3. yes, you have to.

 

File anticipatory bail before the Session Court or High Court under section 438 of Cr.P.C. once you got bail LOC will be closed.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If an FIR is registered then seek anticipatory bail.

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

You should file an anticipatory bail application immediately before the district court where the FIR has been lodged.

 


You have to come back to India if normal flights are operating.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir/Ma'm, 

Look Out Circular (LOC) is a circular issued by the authorities to see if the person is wanted by the Police. You can only be caught if an LOC is issued against you. You have to contact a lawyer to know whether an LOC is issued. 

Which third person are you talking about?

You can still go ahead and get stamped at the embassy, however, it is best to clear the case and pray before the court to clear your name of any criminal records so that you do not face problems in the future. 

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

1. No, you will not face any trouble to travel out of India , except a court order against you. 

- However, if there is an FIR against you , then you can move anticipatory bail application before the session get for getting bail . 

2. Yes

3. Yes, you can get stamped . better to take AB. 

- Further , if LOC already issued , then without any delay apply for getting bail from the court. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. First find out whether FIR has been registered against you or not and what is the FIR No.

 

2. If any FIR has been registered against you u/s498A of IPC, then avail anticipatory bail first in absentia which is allowed as per law as observed in case of Mr. Rajiv Kumar, erstwhile Police Commissioner of Kolkata......Vs............CBI when the wife of Mr. Rajiv Kumar applied for and availed the AB for him.

 

3. In case you do not appear before the Court  despite being notified, Non Bailable Warrant will be issued against you.

 

4. If you are not traceable by the Police to arrest, then only LOC will be issued which art normally issued against the hard core criminals and the immigration department is informed accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You need to get it cancelled first else you can be arrested at airport

Yes you need to stamp 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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