• Police Clearance Certificate - 498A

Dear Sir / Madam;

I'm working in Dubai, my wife has filed a complaint against me and my family under 498A and the FIR has been filed without any enquiry and my parents in India were put in jail and later got released in bail.

Now, my wealthy wife wants me to be arrested as well...So she had applied for " Look out Circular " and " Red corner Notice" to bring me to India and have me arrested. " LOC " has been issued already by the high court.

In this situation, I received an offer from a government organization in middle east, requesting me to produce Police clearance certificate from Indian Embassy. If i apply for PCC, what would be the result ?


Vimal
Asked 1 year ago in Family Law from Qatar
Religion: Hindu
1. You are going to get an adverse report on this.
2. I would advise you to take bail first so the look out notice be first withdrawn.
3. Once it's done you can travel once again and join service without any hindrances.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. It seems that you woefully failed to exercise due diligence after the case was filed against you. This is evident from the look out circular issued against you. Once the case was registered you should have applied for bail or stay on arrest. The look out circular is not ordered to be issued unless and until you continuously evade the court. 

2. If the look out circular has been issued on the orders of the High Court then rest assured that neither the HC nor the lower courts will grant you bail. Only the Supreme Court may give you bail.

3. To apply for bail you were not required to come to India. You could have done this by engaging a lawyer in India while sitting in Middle East.

4. You will not be able to evade the courts for a long time. Your arrest is imminent. Taking your parents out of India, with the object of evading the Indian judicial system, will be suicidal. If you think you will be able to evade the courts in India by going out of India you are mistaken. All of you can be arrested from any part of the world and deported to India, whereupon bail will be denied. Furthermore, it will be a declaration of guilt.

5. Follow the legal path to obviate the adverse circumstances which have arisen. Seek a stay on your arrest by moving the HC. The threats from gundas and politicians can be remedied by filing a simple petition for protection in the HC. The HC can discipline all of them within a minute. There is a pill for every ill.

6. PCC is inevitably bound to contain an adverse finding.
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0
1) police clearance certificate is document is issued to Indian nationals by the High Commission certifying conduct as per available records pertaining to the applicant

2) you will have to produce your original passport for issue of PCC

3) You won't get police clearance certificate if look out notice has been issued against you 


 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1) you will have to come down to India and contest 498A case filed by your wife 

2) you need not remain in India till disposal of case 

3) with court permission you can travel abroad for work purposes 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
The look out circular issued by police in India will be valid only for one year from the date of its issue until it is renewed.  Are you sure that a look out circular has been issued? because it can be a rumor also.  However, a LOC will generally not be issued o the embassy or high commission of India at foreign country.  It will be a circular to the immigration centres alone, so you may apply for police clearance certificate from Indian embassy without informing about the pendency of he criminal case against you in India, if they themselves come to know about it, they may not recommend the same. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1. You should have applied for Anticipatory Bail in India on coming to know about her filing the aid FIR,

2. You can do it now also,

3. As per the Apex Court direction, police will not make no arrest against 498A FIR without conducting an investigation,

4. Arrange to send POA in favour of any of your relatives in India duly notarised by Indian Consulate to enable him to apply for your AB before the Indian court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. No. You can get the AB by applying before the Idian Court without coming to India,

2. Send the POA in favour of any of your relative in India after getting the said POA notarised by the apropiate office of your Indian Consulate,

3. Your case/problem is very common amongst NRIs,

4. Act as advised above.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
however 498 A is a cognizable offence but it does not so harsh to issue LOC or red corner notice. If it is made you should challenge it before High Court. LOC is issued for hard core criminal like gangster, or having criminal record in police stationunder para 238 of Police act. 
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Red carner and LOC can't be issues unless notice issued by the court under section 105 of crpc and it returned back because accused was absent at the given address. If this procedue did not follow by the court, it is irregularity and it should be challenged.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Contact a lawyer of the high court and take plea of Anesh singh case, which is decided by the supreme court and detail guide lines has been given by the court towards arrest in 498 A case.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
you can also challenge it before high court through section 482 of crpc on the ground that your wife has filed false case and this case should be quashed under section 482 crpc. you will get appropriate relief.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
1) there is no harm in visiting indian embassy . 

2) you should state that you could not travel to India as your employer was not sanctioning  you leave . but you intend to visit india shortly 

3) your wife may move the passport office for impounding your passport as 498A case has been filed against you . 

Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1. According to you a look out circular has been issued against you. This must inevitably have been preceded by multiple warrants of arrest issued against you by the court. As a corollary thereto, you may be arrested in Qatar (with or without the assistance of Indian Embassy) and brought to India to face the law.

2. You should immediately apply for anticipatory bail in India. On your arrest in Qatar and subsequent production in India before the court it is most unlikely that you will be granted bail. 
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0
The further question of yours is not convincing. You have stated that your wife has filed the cases in India then how did she reach the Indian Embassy in Qatar with a complaint?, did she travel to Qatar to lodge a complaint with Indian Embassy at Qatar only for this purpose?  Did you see the complaint or knowing the contents of the complaint personally?  The Indian Embassy at Qatar is not a police station where she will lodge a criminal complaint stating that you have escaped from India without obeying Indian court summons, it is not believable, the Embassy officials will not entertain such complaints until they have a genuine reason to believe that you were involved in a crime endangering the country's security.  The matrimonial dispute will not be addressed by Indian Embassy. Ort she should have bribed some official there who is doing all such things by deviating the legal procedures in order to have some wrongful gains. 
Whether you stay in Qatar or elsewhere?, however since your employment is not coming under the control of Indian Embassy at Qatar, you may decide judiciously about visiting the office of Indian Embassy in Qatar.  Further, if this issue is a hinderance for accepting the new employment weight the probabilities and decide about the employment acceptance also accordingly.  
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1) you must never loose your temper on embassy officials 

2) you could have made written submissions as advised to you 

3) now send a letter to indian embassy to place on record your visit in pursuance to call received from them 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Yes this is how you have to gather courage to confront those corrupt culprits working in Embassy.  The Embassy cannot interfere in your personal affairs including matrimonial disputes if they are not criminal in nature.  They cannot force you to do which is against your interest or contrary to law. If the lower rung Embassy people continue to torture you, you may seek an appointment with the Ambassador and explain your plight and the background support of the corrupt officials to the  wrongdoer wife, your complaint should be in writing and to be extra careful, you may endorse a copy of the complaint to the Secretary, Ministry of External Affairs, India. 
You may follow the precautionary measures properly and not to act foolishly in a fit of anger or due to frustration which may be fatal to your career or future. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1. The Indian Embassy officials are to act in the aid of the Indian legal system. 

2. You may not have received a phone call from embassy after you left it, but very soon there would be a cop knocking at your doors with an arrest warrant. The liberty of an accused is limited to a few days after a look out circular is issued against him. If you do not honour the mandate of Indian courts no court in India will give you any relief. The choice is yours.
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0
1. Meet the Indian Embassy officials to explain your position with evidence,

2. Since your wife has lodged the complaint, the Embassy shall have to investigate in to the matter,

3. Inform that you are arranging to attend the Court through your lawyer on the next date of hearing and that there is no arrest warrant against you,

4. Also explain the officials about the how baseless is her complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Indian Embassy officials have no right to advise you to bow down or fight,

2. They are there, inter alia, to serve the interest of Indian citizen staying in tat Country,

3. Arrange to attend to the Court which has issued the Summons to you through your POA holder and lawyer and arrange to avail anticipatory bail without any further delay.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) you cannot be forced to with draw divorce petition or apply for family visa 

2) if however your wife is willing to with draw the false cases against you accept the offer 

3) if the false cases are with drawn you dont have any Damocles sword hanging over your head 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
The offence under the section 498A is non-bailable and non-compoundable, punishable with imprisonment upto three years and also with fine. Therefore mere withdrawal by her in writing will not be sufficient, she has to step into the  witness box, remain hostile witness, the court will then  record her reasons, after IO's enquiry, the case shall stand dismissed or the accused discharged.Therefore for that you as an accused has to be present before the court during this process atleast on the final day when the orders are likely to be passed.
So better be in touch with your advocate about the  developments, take  careful steps watch her movements secretly so that she is not upto   any other plan to  trap you, and then decide the next course. 
Exercising cautioness is always better.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1. The embassy people seem to be having some vested interest in the dispute. Asking you to withdraw the divorce petition is out of their domain.

2. You are supposed to do what I told you earlier-Apply for anticipatory bail. 
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0
1.She should express her regret for having filed the false 498A case against your parents, which she has very tactfully avoided,

2. Insist for the said sorry letter from her with an undertaking that she will not lodge such false police complaint again,

3. Be careful. her such bowing down might be to get the VISA and once she reaches you, things mightb turn to be different for you,

4. So, take precaution before you process papers for her VISAas otherwise you might have to repent for not being enough careful.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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