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FRRO issues LOC on a false pvt complaint

(Querist) 31 January 2011 This query is : Resolved 
My DIL has lodged a 498a/406/34 against my son and 4 family members. FIR not regd yet. Her father used his influence to send a complaint to Immigration Authorities at IGI requesting that our passports be impounded because "we were trying to flee the country". The facts were misrepresented and truth was not told. The FRRO office issued an LOC and cops came to my place to take our statements. They found no merit in the complaint after we revealed that we had complied with all the requests of police cell at Nanakpura and the complaint was fraudulent.

Qn: Can the FRRO take such a step just on the basis of a false private complaint?
Qn: Have some of the police officials acted with impropriety?
Qn: Have my civil liberties under Art 21 been violated? If so what is the legal remedy I have? (I have sent a strong protest letter to the FRRO and MHA).

Thanks in advance for the answers
Devajyoti Barman (Expert) 31 January 2011
1. Till the FIR is registered such complaint has no force of law and the FRRO can not act on its basis.
2. Yes but only when the FIR is registered.
3.Civil leberty is always subservient to legal proceedings and mere subjection to inquiry or nvestiagtion is not amounting to its breach. So keep track on the developments of the complaint and if it is reistered then waste no time to apply for anticipatory bail.


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