So as of now am in Canada and want to come to Chennai this week.. Loc has expired Dec 2021 and I have the 'FIR is closed on RCS' proof from originating officer in Coimbatore, it is yet to go from DCP to FRRO Coimbatore and then he should send a mail to MEA...and I should wait for the response from there. 1) My loved one is sick and I want to see urgently... should I wait for that process to be done or I can just travel to any airport in India since I have proof of FIR closure, loc is expired and no extension of it has taken place ? 2) in case am stopped while entering India, what will authorities do ? Pls help thanks
Do you have certified copy of closure of FIR
2) if you want to come down to India urgently carry certified copy of closure of FIR ,expiry of LOC
3) also send letter to FRRO about closure of FIR and expiry of LOC
4) if you are detained at airport produce certified copy of closure of FIR ,letter sent to FRRO etc
Expiry of LOC is not sufficient to avoid arrest on landing in India. You should get multiple certified copies of proof expiry of LOC and furnish the same to SP/DCP concerned and sent a copy to the nodal officer at BoI and get the LOC cancelled submitting proof of closure of FIR obtaining certified copy of cancellation.
Sir, the letter from the I.O and RCS proceedings (court order that FIR closed) has been sent to SP for LOC deletion. Concerned FRO sent mail to BoI, New Delhi, MHA for loc cancellation. Will they give me a copy of the return mail from MHA for loc cancellation proof.
You would not get copy of return mail from MHA
you can file RTI application as to whether any reply received from MHA fir LOC cancellation
Cancellation order will take its time to reach immigration authorities at all landing points. It will take time for authority to ascertain and obtain communication of cancellation on your arrival. You can obtain certified copy of cancellation from BoI and furnish the same to immigration authority.
LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.
You can approach the Court where the trial is pending and file an application for rescinding/ cancelling the LOC (This option can only be exercised if a case is pending before the Court)
Approach the High Court under the Writ jurisdiction as the issuance of LOC is an executive action founded in Circulars/ Office memorandum and the same is open to judicial review.
n the case of E.V. Perumal Samy Reddy v. State, 2013 SCC OnLine Mad 4092, the Madras High Court while setting aside an LOC, held as under:
It is basic that merely because a person is involved in a criminal case, he is not denude of his Fundamental Rights. It is the fundamental of a person to move anywhere he likes including foreign countries. One's such personal freedom and liberty cannot be abridged.
In the case of Rahul Surana vs. The Serious Fraud Investigation Office & Ors., W.P. No. 2477 of 2020, MANU/TN/1605/2022, the Hon'ble Madras High Court after considering that even after the elapse of three years no concrete evidences have been found to implicate the Petitioner; there have been no instances when the Petitioner has evaded summons/notices calling for his attendance/appearance; and also no material is placed in support of the bald assertion that the Petitioner is a flight risk and there is no tangible material available to deny the Petitioner of his Fundamental Right, set-asides the LOC.
From the above it is clear that you have to appraoch either the officer opened the LOC against you or the court. Therefore it would be better you appraoch high court with a writ petition to cancel the LOC for the reasons you rely upon, get the certified copy of the court order and then travel to any country, you will not be stopped by airport immigration authorities even if they don't get the confirmation of cancelling the LOC against you.
Until and unless you have concrete and substantial proof for cancellation of LOC by the authorities concerned you may not be allowed to travel abroad, you will be stopped at airport by the immigration authorities.
Therefore whatever it may be, you obtain a hard copy duly signed by the authorities concerned or at least a copy attested by the concerned Inspector of police in order to prove the genuineness of the order cancelling the LOC before the immigration authorities at airport.
Dear client, since FIR has been closed and loc has already expired. You can visit in any part of India.
You need to apply for it under RTI Or certified copy
