• 498A - Lookout Circular

I am a Indian national living in USA. I have a credible fear that a LOC on basis of 498A has been issued to arrest me in the airport immigration. This is due to disgruntled in laws trying hard to defame me and create separation in the family. Is there any way to check if a LOC has been issued against me through online or by any other means? I want to make sure before I land India. My home state is Tamil Nadu. Kindly clarify. Thank you.
Asked 3 years ago in Family Law
Religion: Hindu

10 answers received in 1 day.

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10 Answers

You can through family member make inquires with IO where 498 A case is lodged as to whether LOC has been issued against you 

You can also engage local lawyer to check whether LOC has been issued against you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

LOC is issued only after the Court in which case is pending issues a non-bailable warrant. Check in the Court whether any NWB is issued by the Court and after that any direction is issued for notification of LOC. A LOC can also be issued on the requisition of higher ups of police like SP/DCP. You can ascertain from IO if there is LOC is pending. It can be done through your lawyer.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

A LOC cannot be made public for reasons that are obvious. What you may do is take anticipatory bail before coming back to India.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You need to check in trial court by appointing advocate 

 

 

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per law, 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 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.

- Hence, if LOC notice has been issued against you, then it is the duty of the I.O. of the case to inform you for the same .

- Since, you have apprehension that LOC may be issued , then you can contact to the I.O. of the case through any relative in India or a lawyer. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can check on site Ministry of external affairs.

Is there any arrest warrant against your name or you can call there or on your behalf I will check it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi. Hope this answer finds you in good health. In order to check if a Look Out Circular has been issued against you, you can check the following sources:

1. Local Police Station where the FIR has been registered.

2. Imigration Authorities.

3. Record of courts which has issued the notice.

4. National Crime Record Bureau website.

If you have any other question, or I can help you in any other way, feel free to contact.

Regards,

Siddharth Jain,

Advocate

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. If a case u/s498a of IPC has been filed against you and you have repeatedly refused or neglected to appear before the Court either personally or through your lawyer, the LOC is expected to be issued as per Court order.

 

2. Engage a lawyer in the Court where the said case has been filed by your wife, if any, to check the records of the Court to ascertain whether any order has ben passed against you for issuing LOC.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Generally the police will take decision to issue LOC only after you are not been located after registering FIR or not cooperating for investigation. 

By mere registering FIR, the police may not take decision to issue LOC.

Besides the police need to have the details of your passport for issuing LOC. 

Look out circulars are opened to search for absconding criminals and also to prevent and monitor effectively the entry or exit of anyone who may be sought by law enforcement authorities.

Many individuals with pending criminal proceeding are living or working or travelling abroad, and an LOC is not issued in every case.

How do you know if LOC is issued?

 

  1. Contact a local lawyer as he will be able to find out whether a LOC has been issued against you.
  2. If there is a LOC issued against you then you will be arrested the moment you land in India.
  3. File a petition for cancellation of LOC and then apply to the court for cancellation of NBW.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear client,  not just the Supreme Court, courts today are publishing their judgments and orders on the Internet. If you search for a current court case from judis.nic.in or a high court website or the district court websites, you will find details of that case directly from the courts.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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