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Jatin (NA)     25 February 2013

Is loc possible in mentioned cases

If the husband is not living in India and if the wife goes ahead with filing multiple cases and court is unable to deliver the summon as the overseas address is not known to the wife.

In which of the below cases Look out circular (LOC)is possible

1. 498a

 

2. DV

 

3. 406

 

4. 125

 

A person is not supposed to keep checking for summons issues aganinst him so in this case if the husband not get any notice and never attends any of the cases will the wife get ex-parte and what would be the status of all the above mentioned cases.



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 5 Replies

P.Bashista (Advocate)     25 February 2013

LOC can be put against the husband in a 498A case and in fact it is done most of the times by the girl through the concerned police station.

In regard to the proceedings under DV and 125, they cannot proceed untill and unless a summon is served.

In regard to the 498A case the case will proceed and if the person is not tracble then he might also be declared as PO by the Court.

Jatin (NA)     25 February 2013

What i understand by this is that if anyone wants to take revenge with a person and if he/she is NRI then its very easy as one only needs to register any case.For example a person can go and give a complaint of cheating against a NRI and the police will not ask for any proof and if the NRI does not attent the court case a LOC gets issued against him.

 

This also means if my brother having enimity with me then he only needs to file a false case against me and give the date that some cheating occured the day when i was in India and i will have to come and fight case in India and my life can easily be screwed.

 

My understanding was that one has to give proper evidence in court and only when court is convinced it issues arrest and summons and not simply filing a case against anyone.Or is it something special with 498a ?

P.Bashista (Advocate)     25 February 2013

I hope the below given information helps...

LOC is interpreted as a communication received from an authorized Govt. agency with reference to a person who is wanted by that agency for fulfillment of a legal requirement,
1. To secure arrest of person evading arrest, 
2. To nab proclaimed offender, 
3. To facilitate court proceeding by securing presence of under trials who are on bail. 
4. LOC is opened at the instance of a competent authority authorized to do so only after examining the fact that the person concerned is either a wanted or a suspect.
5. Courts also open LOCs on various legal matters.
6.  Besides, different courts also issue these communications in the form of LOCs including LOCs against that person who evade their presence in the Court of law during the course of judicial trial.
LOCs are based on the originator’s request who sent the communication to various immigrations check posts on the basis of substantive/procedural laws viz IPC, Cr.P.C., Custom Act, Income Tax Act, NDPS Act, etc. All these communications are related to accused/suspected persons wanted in some cases, there is a specific Performa in which a request must be made for opening of an LOC and this should be issued "with the approval of an officer not below the rank of Deputy Secretary to the Government of India/Joint Secretary in the State Government/Concerned Superintendent of Police/D.C.P. The "concerned authorities" are stated to include "the Ministry of Home Affairs, the Customs and Income Tax Department, Directorate of Revenue Intelligence, Central Bureau of Investigation, Interpol, Regional Passport Officers, Police Authorities in various States etc."
Apart from the Central Government and the State Government, there is no other authority on whose request an LOC can be issued.  
LOCs are issued to check the arrival/departure of foreigners and Indians "whose arrival/departure has been banned by the concerned authorities". Initially it is effective for one year which can be extended for another year on the originator’s request or may be closed as requested by the originator of the LOC.

Jatin (NA)     25 February 2013

Thank you very much Parvez for the detailed info.

May i ask few more queries.As you have mentioned that

"LOC is Initially effective for one year which can be extended for another year on the originator’s request or may be closed as requested by the originator of the LOC"

Does that mean LOC against 498a or 406 remains for one year and not for life long unless a request is not initiated?

P.Bashista (Advocate)     25 February 2013

As matter a procedure it has to be closed after an expiry of an year, untill and unless extended. But at times it is not as there are some administrative thresholds to close it, I guess. I have personaly dealt with such a situation for one of my client. He was caught on an LOC  at the airport which was in relation to a 3 year old 498A case against him and in which he was already aquitted. Then I had to move a writ against it and then finaly it was removed.  


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