498a and nri

"I had 498a filed against me and my mother,"

What does it mean?

Please state full fact of case to get solution of ur problem.

1. Who informed your parents about Look Out Circular? If the information came directly from police you need to approach senior police official in jurisdiction to remove LOC on the basis of quashed FIR. 

The certified copy of the High Court order quashing all the proceedings in the criminal complaint should be in your hand when you land in India and walk down the Immigration of the Airport, If the Immigration guy ask you to show it to him, do so, otherwise, the High Court order is always sent to the Police department for not taking any steps in the matter.

The High Court before making the quashing order do satified about any look out notice or PO order made by the magistrate court against the accused persons, so that process must have been looked into in your case too, the quashing order is with regard to these two process too. Moreso the look out notice is valid up to one years period only and it get denotified after one year at all international ports in India.

you can submit copy ofthe order to Indian High Commission requesting for apprising govt for recall of LOC.

In case LOC still perists despite court order then you need to sort it out before entering Inida.  Police at airport will not be concerned with high court order at that moment and it is likely that they will only obey LOC.

Yes you have to persue the matter first for cancellation of look out warrant.

Fist submit the order of HC to concerned authorites and get the look out notice cancelled.

Dear Friend, 

In case the FIR has been quashed by the High Court, it automatically be reffered to the concerned police station and that FIR will not exsist for the enforcement by the Police authorities. However many times it reaches delayed and for the time being the person get haressed for non of his fault. You please get arrange a certified copy of that order of the High Court which should be duely submitted (Copy Only) at the immegration counter so that you may not be arrested just at the point of arrival. IT is also advised that while getting entering for your immegration checkup it is always better if you have a original certified copy in your hand readly available as in case of any glitch you can yourself submit it on arrival.

Now at the second angle there may be some other case warrents which you may not know (other than 498A) alos on which we can not give you any advise without knowing the exact facts.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; HiGrit.com,  Just Dial.com & Sulekha.com; plus many more .

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With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court of India

You have been given false information that there is look out notice.

498 A is not that serious case for issue of look out notice.

Even otherwise there are many legal ways for indian citizen to come to India without showing any passport. contact for details.

Look Out Circular once issued does not cease to operate when there is an order from the High Court about quashing the FIR.

You have to give the copy of the said order to IO/ SHO/ DCP (SP) concerned to remove the LoC. Normally, it takes 24-48 hours for such removal from the Police.

And yes, keep the Certified copy in hand. Even if you are detained at the Airport, they would inform the local police who would fax the permission etc to the immigration.

I have personally experienced even when the LoC is stayed/ removed/ the case is quashed, the Police does not get the LoC removed and there is problems at the time of landing/ leaving country.

Regards,

Shonee Kapoor

www.shoneekapoor.com