You have to apply to trail court for with drawl of LOC
2) it should not take more than a month in view of settlement arrived at between parties
Question on LOC removal
Hi, Last year my ex wife had filled a FIR regarding dowry 498 case on me and my family. Later after a month she had written a notice to police to withdraw the case and this written letter has been accepted my the police. I assumed the case will be closed automatically. When I landed to india I was detained at the immigration and got to know there was an LOC issued against me last year. Now the case is in front of magistrate court and is pending. 1) If the case is withdrawn will the case not automatically close and LOC be removed. if not whats the right procedure and how much time does this take as I wanted to report to work 2) If I wanted to travel back while this is process whats the procedure.
Asked 4 years ago in Family Law
Religion: Hindu
6 Answers
- You need to obtain close of loc from trial Court. Getting closer by police and investigating agency is lengthy process.
- Obtain multiple certified copies of cancellation of loc and submit the same to IO concerned and send a copy to nodal office at Deputy Director, Bureau of Immigration, East Block-VIII, R.K. Puram, New Dehli-110066. Confirm that the same is removed.
- Obtain confirmation of cancellation from Bureau of Immigration. Even after that you may be stopped from leaving abroad. The immigration officer will confirm with the out ward number from to originator.
1. The imposition of LOC is different to that of the case pending against you.
The police should have taken action to remove the LOC ordered against you.
Now since you have already surrendered before magistrate court, the magistrate may pass direction to concerned police 3initiate steps to remove LOC on an application that may be filed by you in this regard.
1. Yes but need to get the same cancelled too from court
Same procedure but just ensure that loc is cancelled
- As per law a police official having no power to cancel the FIR once lodged , except High Court of the magistrate court on receiving a police report.
- You should approach the High court for quashing the FIR and to cancel the order of LOC , otherwise the magistrate court can take much time for the same.
- Further, you can also move an application before the said magistrate court for removing the LOC direction as well.
Dear Client,
You may file a "Habeus Corpus" writ petition at the Court to protect yourself from such unlawful detention.
Thank you.
