1. Well, only the passport authority or the court has power of impounding it. Consulate can not do this. Anyway since LOC is already issued you will be arrested in the airport itself once you land in India.

2.Do apply for AB. If it is allowed then you are saved. Else you have come , face arrest and then pray for bail.

3. Not possible as LOC would soon tun into declaring you as proclaimed offender. Do not ryn away from Indian justice system anymore. Take bail and then contest it from abroad.

4. Not possible unless you obtain AB ( Anticipatory Bail? before hand.

Feel free to contact.

Dear Querist

My opinion on your queries are as under:

following

1. Does the consulate has authority to impound my passport.

Opinion: no only passport officer who issued your passport have power to impound your passport but before that a show cause notice is mandatory for your explanation.

2. what can i do to protect my self from loosing my job abroad.

Opinion: yes you can apply for anticipatory bail and secure your job.

3. is there any way i can fight the case staying abroad.

Opinion: yes, you can with the help of lawyer.

4. since there is LOC is there a way i can appear in court without getting arrested at airport.

Opinion: anticipatory bail is best option.

Feel free to call

Your wife can file application before RPO to impound your passport

2) further as per court orders your passport can be impounded

3) you should take leave of absence and come down to India and apply for Anticipatory bail

4) you cannot fight case staying abroad

5) LOCs are issued to airports and various points of entry at international borders to arrest people who have been proclaimed offenders, upon an attempt to enter or to leave India

6) you can move HC to cancel LOC issued by court

if you have not received a copy of summon and warrant then court is not empowered to impound your passport. court is bound to show that you have committed breach of duty. if summon and warrant have served then you are bound to obey it, this is your duty otherwise you may be prosecuted under section 178 IPC.

if summon and warrant have not served your passport cannot be impound. court is bound to issue a summon under section 105 A of crpc.

if any such order has passed and you receive any communication from Indian embassy then you should contest it before the court in UAE.

A. Impounding of a passport process could be completed by the passport authority under Section 10(3) of the Passports Act, 1967 as upheld by the Supreme Court of India in Suresh Nanda Vs.C.B.I. (2008)3SCC674. Therefore, it may impounded if the Passport Authority satisfied by the Court orders or warrant as to whether your presence is mandatory to complete the trail.

B. You can approach the High Court to quash the FIR proceedings under Section 498 A of IPC.

C. In Civil Case, you could have execute General Power of Attorney, but in Criminal Case, your presence must be required before the Court of law.

D. Yes, you can apply for anticipatory bail to prevent detention and consult a criminal lawyer for more clarifications.

1. It appears that you have already delayed in responding to the Notice/Summons. Passport authority will impound your passport and local Embassy will inform you the same and may be the local police to ensure that you are extradited to India.

2. Your lawyer should have been active in the Court submitting that you are earning your livelihood in Dubai and will appear before the Court after a month or so on availing leave from your employer. When your passport has been directed to be impounded and LOC has been issued against you, you will certainly be extradited and in that case will surely loose your job at Dubai. You can return to India and if arrested at the air port, your lawyer can seek bail for you from the Court.

3. At this advance stage, you shall not be able to contest the criminal case filed against you inabsentia. After being arrested and being produced before the Court your lawyer can pray for bail and withdrawal of the order to impound your passport.

4. You might be arrested at the Airport and produced before the Court on the next day when your lawyer can pray for and avail bail for you. Make necessary arrangement for the same well in advance.

Hi

Have you tried for getting anticipatory bail.

Your lawyer should file for anticipatory bail for you.

Absconding or escaping arrest will cost you job and further trouble.court can't stop you from working but it can get you back for trial,though it rarely happens unless someone infuencial following up through External Affairs Ministry.

1.Yes Embassy can put restrictions on passport on a court order.

2.Try to get Anticipatory bail from the High court.

3.its a criminal case your initial presence for bail and appearance is needed ,then you can àppy for an exemption with a condition that you will present yourself whenever the court ask for.

4.you will be arrested coming to India ,but make arrangements for your bail on the same day.

Meanwhile first try to get Anticipatory bail ,if High court sticks to what magistrate ordered ,surrender yourself and get bail.

And seek permission to continue to work.

In 498A ,whts happening with you is a technical formality due to your inaction when you got notice from police.your side should have been vigilant enough to get you Anticipatory bail before it worsened with a court order.

1) it is true that you would not be allowed to go back within period of one month as it may take time to obtain bail and permission from court to travel abroad

2) dont delay going back as LOC is already issued against you

1. Your passport has been ordered to be impounded for which you shall be extradited to India.

2. If you are arrested for any cause committed by you at UAE, you will in any case, be extradited after you complete the punishment for the said offence committed at the foreign land.

3. Without any court or govt. order you can not be stopped from living UAE when your passport will be impounded by govt. of India and extradition request will be forwarded by MEA to UAE Govt. through Indian Consulate at UAE.

4. Your lawyer should have prayed for time before the order for impounding your passport was passed by the Court. It is not a bit late to react.

5. However, ask your lawyer to file an application for withdrawing the said order to impound your passport and fix another date for your appearing before the Court in person.

1. The passport cannot be impounded on this grounds. The judge canot pass any such orders, court has no powers to impound passport.

2. You cannot lose your job, her influence cannot reach Dubai authorities because this is in connection with matrimonial dispute hence nobody in abroad will take much interest even if there is a enquiry on it.

3. You cannot fight the case staying abroad, yo have to be present here hence better stay back in Dubai for few more years, she canot do anything to bring you back, she will become fed up and may even give it up at one stage.

4. The LOC will be valid for one year from the date of issue, hence better do not take risk to travel to India during its effectiveness.

I have a number of financial liabilities here . in case i go back it is highly likely that i will not be allowed to go back within a month . which will leave in trouble here as well as back in india. Pls advise how i can continue work here till the liabilities are settled here and go back to face trial

Since it is a criminal case you cannot return to abroad till the case is disposed.

The court may even pass an order to deposit your passport with court custody till disposal of the case hence do not take hurried decision to rush to India.

Let the case be pending, the court may split your parents case from yours and they may dispose that case while keeping your case pending for conducting trial after your arrival at anytime.

1. You are making matters worse for yourself by evading the court. In due course of time your passport will be impounded and you will be brought to India on arrest whereupon the courts will deny you bail. So apply for anticipatory bail and then contest the case on merits. Evading the courts is a recipe for disaster.

2. The passport can surely be impounded by the embassy on court orders.

3. Obtain anticipatory bail and then you may apply for exemption from personal appearance in the court.

4. Due to the pendency of LOC you have to first apply for anticipatory bail and quashing of the LOC.