Look out circular cancellation
Sakthi
(Querist) 01 October 2018
This query is : Resolved
Hi.
I have an FIR in my name under prohibition of dowry harassment 498a. For this, there was an LOC issued and I was caught at the Chennai airport when I was returning from Dubai.
I was handed over to the respective police station and got bail on the same day.
Later, I checked with the police station and they are orally confirming that the LOC is cancelled.
Now, I have to travel back to abroad and I am not sure how to get a written confirmation that the LOC is really cancelled.
Request an expert suggestion on this.
Thanks and advance.
Dr J C Vashista
(Expert) 02 October 2018
Did you put the question to your lawyer who have successfully managed to bail you out ?
If so, what is his/ her opinion/ advise / guidance? If not, seek his/her advise.
However, what are the terms and conditions of Bail Bond, did you mention in your post ? If not, how do you expect proper opinion, advise and obligation of experts on this platform?
Vijay Raj Mahajan
(Expert) 02 October 2018
The bail you got from court, order of the court is document you should have with you. You should also seek prior permission to travel out of India if you haven't got in the court order where bail was allowed. The order of the court to travel out of India and bail allowed you not to be kept in custody are good enough documents which you can show at the immigration of the international airport. The LOC is open or closed hardly matters if court order allowing you to go out of India. You may even seek order of the court for official cancellation of LOC against you.
Sakthi
(Querist) 04 October 2018
Dr. Vasishta,
Thanks for the kind response. The bail order does not have any terms and conditions.
When I asked my lawyer about this, he told that LOC is just like a warrant and it gets automatically expired upon execution. ( The moment I was handed over to the police station from the air port). I am not sure how to handle airport authorities if they stop me in the airport when I travel back( as I don't have any written proof that the LOC is cancelled).
Sakthi
(Querist) 04 October 2018
Dr. Vasishta,
Thanks for the kind response. The bail order does not have any terms and conditions.
When I asked my lawyer about this, he told that LOC is just like a warrant and it gets automatically expired upon execution. ( The moment I was handed over to the police station from the air port). I am not sure how to handle airport authorities if they stop me in the airport when I travel back( as I don't have any written proof that the LOC is cancelled).
Sakthi
(Querist) 04 October 2018
Mr. Vijay Raj Mahajan,
Thanks for your kind advise. I will take you advise with my lawyer on getting an approval from the court for travelling out.
Kumar Doab
(Expert) 04 November 2018
GO thru;
Ministry of Home Affairs circular Dt; 27-10-2010 on LOC
https://mha.gov.in/PDF_Other/Lookoutcircular_27042017.pdf
The trial court, SP/DCP of jurisdictional police area/investigating agency could remove/cancel LOC.
The said Inspector may not indeed have the powers to cancel the LOC.
If police states that they have initiated the process to to cancel then you could have managed to interact and get details.
The references etc, that you need and cancellation of LOC is the job of your own Lawyer, and your own lawyer could have, guided and helped you thoroughly.
The cancellation of LOC is updated with; Bureau of Immigration.
On your own you may also submit the certified copies of cancellation of LOC to IO/SP/DCP/BOI, under proper acknowledgment and keep certified copies with you.
Nodal Officer/ Commissioner/Dy. Director;
Bureau of Immigration
Office Address: East Block-VIII, Level-V, Sector-1, R.K. Puram, New Delhi-110066
Telephone No: 011-26102622(Telefax)
Until or unless the details of cancellation o are updated in records you may not be allowed to travel.
So confirm before you travel.
Kumar Doab
(Expert) 04 November 2018
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Criminal matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL : Family/Civil courts, HC, SC …
Kumar Doab
(Expert) 04 November 2018
There are various helpgroups that help e.g;
Justice2nri, Maritaljustice etc etc
If you wish you can seek their support/help/guidance ..
GO thru;
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: July 15, 2010 Date of Order: August 11, 2010 W.P.(Crl.) No. 1315/2008 % 11.08.2010 SUMER SINGH SALKAN ... Petitioner Through: Ms. Malavika Rajkotia with Mr. Bandan Kumar, Advocates Versus ASSTT. DIRECTOR & ORS. ... Respondents
JUDGMENT 1. By the present petition the petitioner has sought recall of Look-outCircular (LOC) and Red Corner Notice (RCN) issued by Delhi Police and Interpol against the petitioner alleging that LOC and RCN were issued in arbitrary and malafide exercise of power by the respondent.
11; C. The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. 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.
Delhi High Court
Sumer Singh Salkan vs Ranjeet Narayan & Ors. on 1 February, 2016
Author: Mukta Gupta
Supreme Court of India
Reema Salkan vs Sumer Singh Salkan on 25 September, 2018
Kumar Doab
(Expert) 04 November 2018
Your counsel can arrange many relevant citations, precedence's that are helpful.
If your present counsel is unable to fetch the same then either change or keep another Senior LOCAL counsel to support you and your present LOCAL counsel.
