(Guest)

Red corner notice or loc ipc 406

My wife has filed IPC 406 against my family and all of us are U.S. Citizens is there any provision that indian authorities will issue RCN (Red Corner Notice) in this case if the accused are absconding ?

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 July 2012

I'd sum it up for you :-

1. Issuing of 498A LOC is a long drawn process.

2. Authorities understand that 498A is the most abused provision existing.

3. Extradition requires double criminality - if cruelty for dowry is not an offence in US as it is you wont be extradited.

There's a very feeble chance of you facing the whip of law.

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(Guest)

Sir thnk u for replying my query but my question is related to IPC 406 not IPC 498 A.

(Guest)

Dear Jon,

Sec 406 & 114 are basically criminal proceedings. here in the police investigates and files charge-sheet as against the accused person. Don't be frustrated at all. Whats important to know is whether your name as well is involved in the said offence of 406 and 114?

As you said, your wife has stated in the petition u/s 125 Cr P C that she is in possession of Streedhan, you have the copy of the petition which she has filed before the Court. On the basis of the same, you (if your name is involved), your father, mother and maternal uncle can prefer petition u.s 482 of Cr P C before High Court for quashing of FIR. Initially High Court will grant interim stay to the investigation, if the same is under process and will finally at the stage of final hearing will quash the offences registered as against you all, if the same is not made out.

Court doesn't seal the property in regular course. Its only when subsequent to repeated service of summons and warrants (bailable and non-bailable) when the accused persons do not attend and appear before the court, then court proceeds for issuing proclamation. Pursuant to publication of proclamation, if the accused persons do not trun up, then court proceeds for attachment of property.

File your representation to the petition which your wife has initiated u/s 125 Cr P C. I hope the position is clear as we discussed it at length on phone.

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