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" The concerned officer had already received the high court order from the court and they had written an letter to cancellation of LOC to Asst DGP CID. I have obtained unofficial copy of this said letter. It is still in Asst DGP CID and not been yet sent to immigration. I don't have enough contact to push this letter ahead. I have to travel to work ASAP can I still travel with the following docs without any issue 1) High Court Order copy 2) unofficial copy of Letter from Police station to requesting cancel of LOC to Addl DGP 3) FIR close no RCS no (I have only the number but no proof). Are these docs sufficient enough Please guide me what are my next steps to cancel the LOC ASAP so that I can travel back.
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You should give another representation to the concerned authorities and if they do not respond then file a contempt application against the authorities for not passing appropriate orders in accordance with law in compliance of the orders of the high court.
Then the authorities would immediately pass an order.
Take courts order after cancellation and submit the same to issuing authority of loc and MHA informing cancellation of loc
File RTI application with Additional DGP CID office as to whether your application for cancellation of LOC has been sent to immigration or not
2) you can also issue legal notice to DGP office CID to comply with HC orders for disposal of your application for with drawls of LOC
Unfortunately, the immigration authorities would not allow you to travel abroad on the basis of the documents you mentioned to possess.
The immigration authorities would insist on the orders from the originator of the LOC, i.e., the authorities issued the LOC,.after confirmation from the concerned authorities vide the communication containing the orders they may let you travel even if you are having a copy of the court order removing the LOC.
If the LOC had been issued by any authority, then it is that same authority which has to issue orders lifting/ cancelling the LOC
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.
Dear clients,
these documents are sufficient. You should try contacting the Asst DGP CID for an update by visiting the station.
Thank you
