Nani 27 December 2016

Loc and travel

Hi Sir,

I work in USA and got married one year back.My wife constantly harassed me to take her back and to send money to their parents.I have taken her back to india because of all harassment and threatenings and told to their parents and relatives about her when they came for talks to my home.In revenge She and thier parents filled a case on me and on my parents and relatives 498A,307 ,DVC and maintenance.I have travelled back to USA before the cases are filed in fear of lossing job and an FIR is registered and cases are filled after i travelled.My parents and relatives got bail now.As there is a risk of impounding my passport(may be conditional bail not to leave country) to grant bail .Bail is not applied immediatley for me.Now there is a LOC issued on me.LOC is initiated by investigation officer with help of district SP while fileing Charge sheet in session court.

Can we go for quashing the petition in high court now with help of charge sheet and travel to india or should we fight the case based on merits in lower court and get bail first and travel to india.

she is now working as government employee and earning good salary and she did not stayed with me longer time.But she still filed maintenance and she never stayed with my parents and filled a DV case,498a cases.she filled 307 on me mentioning some instances in USA which are not true.We have all the proofs.

I came to know that police have initiated Look out notice(LOC) on me as i was not available in country while submitting charge sheet with her uncles influence .I or my parents have not received till now any summons from court.Not sure if a red corner notice is also issued on me.

Can i travel now to india after getting bail.My lawyer told that once bail is received i can travel and if at airport if immigration team asks.he told to Show bail papers.he told they will not arrest at airport.But i think if honarable court grants bail it will be granted based on conditions to travel and asls me to submit my passport in court.

will getting a bail copy is suffice to travel or will i be arrested or detained at indian airports as there is Look out notice on me.There is no issue and end date on look out notice.Does that mean the Look out notice did not come effective or is it in effect.As it is visible on their website.

what is the best approach ,which i can take without getting arrested.Should i apply a separate affidavit in court for removing LOC before travelling to india and then apply bail or can i travel If LOC is not removed but court gives bail.

As I also needed to goto visa stamping in india.will Haveing a LOC have any impact on VISA stamping .Should i mention cases in visa application or not now or can i wait for some time till LOC is removed to travel and then go for stamping once all cases are settled.I come for middle class family and my parents are worried as i may be loosing my job in USA or not get VISA because of all these cases .

Thank you

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7 Replies

Adv. Yogen Kakade (+ 91 9225510883) 27 December 2016

Sir,

First of all.. don't get panic. Just relax and think and decide with cool mind.

If you think that the allegations made by your wife are not true and baseless, then defend yourself very strongly. Consult a good lawyer to help you.

You can certainly go for quashing. But I wonder why didn't you go for quashing earlier?

As you have mentioned that a look out notice has been issued. Are you sure about that or you heard it from someone?

Even the Supreme Court has mentioned that the provisions of Sec. 498 have been misused by many women. But strong defence is the only option remains for you.

All the best.

Adv. Yogen Kakade

Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 09225510883

Nani 27 December 2016

Thank you sir, we are waiting for chargesheet to go for quashing.we did not received the certified copy of charge sheet and as 307 is there one of senior lawyer told there are less chances of getting the case quashed based on FIR.we filled some RTI and collected evidences in mean time. yes i am sure and i can see the details on the website.can you please let me know if i can travel now or you think i need to wait till we submit the quash and wait for the result. what will happen if i dont take bail immediately and travel now.will a red corner notice can be issued on me as there is already look out notice(loc) Thank you

Sudhir Kumar, Advocate (Advocate) 28 December 2016

Your being innocent is not relevant. Your being accused is relevant. You have to either contest on merit (may have to be in India or agree to be available in court on each date which may be once in 6 month or 6 times in a month, if not able to get exemption ) Or You can apply for quashing if your lawyer finds merit in the case (your being NRI is not much relevant. Or Seek mercy of the complaint

srk (Service) 11 January 2017

@Autohide4u: everything that you have said specfied were possible a while ago, but now its not so easy getting a Green card or citizenship with a criminal case pending against the applicant. Passport Impound is not impossible, the impound order can be issued by the court and will be executed by the embassy in US. i am not trying to prove you incorrect but things have changed.

Nani i have been in a similar boat, LOC is only valid for 1 year from the date of issue but it will be renewed for another 1 year and this will go on and on. to issue LOC its takes time and power, LOC is not issue just because you were not available for investigation or missed a trial date. Forget about RCN(Red Corner Notice) is almost impossible for these kind of cases. are you sure that the LOC is issued or its just word of mouth from someone who wanted to scare you.

One thing i would suggest is try to get a bail(if possible) its hard but some people.

send me a personal mesg so that we can discuss about the H1B visa stamping, extension, GC etc

Raj

KKJ 18 March 2017

Hi Nani,

I am in similiar situtaion like yours. exactly same, Can you please share what happened and any of your experiences? I am also not sure to go to India or stay here.

Mohammed Khan (Engineer) 27 May 2018

I am in the same situation where my chargesheet is not filed since an year and I am not sure whether LOC has been issued or not.

Can the investigation officer able to apply for LOC without charge sheet?

Also, if there is a look out circle and been arressted in India on my arrival, how long will it take for the complete process to get bail without travel restrictions and lift the LOC and then back to abroad?

Thanks.