• Question on LOC removal

Hi all
Need your legal advise,

I am struck in India from past 3 months due to LOC on Section IPC 498A (dowry case) on me. As per advise from kanoon lawyers approached High court seeking relief on my LOC. Recently High court passed the following order for my written petition.

"This writ petition is disposed of with a direction to the petitioner to approach the concerned officer, who issued the Look out Circular in question and file an appropriate application seeking to withdraw the Look Out Circular that was issue against the petitioner on the grounds which are now urged in this writ
petition. In case any such application is filed by petitioner before the concerned authority, he has to consider and dispose of the same expeditiously and preferably within three weeks from the date of filing of the said application. No costs"

1 ) The concerned officer had already received the high court order from the court will that correspond for them to take action to remove the LOC or is there anything to be done from my side. 

Please guide me what are my next steps to cancel the LOC ASAP so that I can travel back
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

No, your presumption is wrong.

You are directed to file a petition before the concerned officer seeking the relief of removal of LOC subsisting against you. 

Though the copy of the orders passed in the writ petition might have been endorsed to the  concerned officer by the high court, it is just for their information.

It becomes your duty to approach the concerned judicial presiding  officer with a petition seeking the desired relief by enclosing the copy of the orders of high court in this regard. 

The LOC against your name can be removed only by an order of the concerned judicial presiding officer after you are filing a petition before it,.  The court will pass order after hearing both, you as well as the public prosecutor. As per high court orders the petition so filed has to be disposed by the concerned court within the time frame i.e., three weeks from the date of taking the petition on its file. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client, 

Usually, the trial court, SP/DCP of jurisdictional police area/investigating agency can cancel the LOC. If they have received the order from the court then they will mostly just carry out the process. Your lawyer just needs to be persistent to get it done fast. 
Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

The officer concerned, though having received the order, may not act on his/her own, unless you push your case as the aggrieved party. Through your counsel who moved the Writ petition send the officer concerned a copy of the court order and request for an early decision. If there is any delay, you may move the court again for contempt of its order, after expiry of the deadline.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You have to make application to concerned officer to  withdraw LOC issued against you 

 

officer will have to pass orders within period of 3 weeks or so 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need to approach the authority and submit the merits of you case. High Court has not stated which  way the order is to be passed. You need to canvas your case aggressively. It is good for you that the High Court has not directed the officer to decide the matter on his discretion without influenced by order passed by Court. Still it is safe to explain your case to officer.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Yes it needs to. You need to follow up with the said authority and if not done you need to file contempt in HC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Since, the High court has already given direction to the concerned I.O. of the case , then you should move an apolication for cancelling the LOC issued against you , and attach the copy of the order of the court. 

- As per the said order, the I.O. is bound to cancel the LOC .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Querist

File an application for removal of LOC before the concerned authority immediately so that he can consider and disposed of your application within time.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

You need to get it cancelled through court order it the investigation agency which issued can cancel it

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

 

  1. It is not sufficient to get an order for cancelling loc from concerned officer.
  2. You need to apply and obtain multiple copies of cancellation of loc and submit the same to SP/ACPDCP concerned and nodal officer Deputy Director, BOI and confirm the same is cancelled and also obtain certified copies of the same.
  3. Even after producing the loc cancellation, you may not allow to leave as the Immigration Officer will contact the cancelling authority for confirmation as there are instances when the fake cancellation of loc is produced. Therefore reach at least four hours to airport before departure.

 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Dear Client,

1) You can approach trial court, SP/DCP of jurisdictional police area/investigating agency could remove/cancel LOC. If police states that they have initiated the process to to cancel then you could have managed to interact and get details. The references etc, that you need and cancellation of LOC is the job of your own Lawyer, and your own lawyer could have, guided and helped you thoroughly. The cancellation of LOC is updated with; Bureau of Immigration.

2) you can follow up with the court proceedings to know where the request to cancel the LOC has reached. If police states that they have initiated the process to to cancel then you could have managed to interact and get details. The references etc, that you need and cancellation of LOC is the job of your own Lawyer, and your own lawyer could have, guided and helped you thoroughly. The cancellation of LOC is updated with; Bureau of Immigration

3) you may also submit the certified copies of cancellation of LOC to IO/SP/DCP/BOI, under proper acknowledgment and keep certified copies with you.

Thankyou.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

File RTI application with immigration department as to whether request for removal has been received 

 

2) you can travel abroad with documents mentioned by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- The LOC notice is issued by an officer not below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/Superintendent of Police concerned at the district level.

- Further, this notice having all the identification details of the accused person on an already prescribed format.

- Further, this notice is valid for one year from the date of issue , but if the originating agency wants to increase the period of this notice, it may do so before the completion of one year.

- Further, if this notice issued by a Court and Interpol , then it cannot expire within on year.

- Further, it is mandatory that the accused should be informed for the said notice has been issued against him, but generally an accused person comes to know about such notice only when he/she is stopped or arrested by the immigration authorities at the airport/border etc.

1. concerned Superintendent of Police 

2. Enquire from the office of the concerned SP office

3. Yes

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1.  If the LOC had been issued by any authority, then it is that same authority which has to issue orders lifting/ cancelling  the LOC 

2. You may have to be in touch with the concerned police about it.

3. Until the competent authority is passing an order to cancel/revoke or lifting the LOC pending against you, the immigration department may not accept the documents that you may produce before them for travelling abroad. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) As it is stated that your request has been sent to the Asst. DGP, CID, that authority will have to act.

2) You have to check with the Asst. DGP, CID, if they have sent it to Immigration.

3) No, please wait for the HC order to reach the Immigration.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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