• Is lookout issued against me? Traveling abroad from abroad?

My business was in India, for generations.
Due to Stroke of bad luck, my father's business collapsed.

All my decades' old suppliers & money lenders, became impatient & anxious, they bounced the cheques, 138 chq notice, gave threatening calls, send gundas & even tried to attack my father!

My father was an old aged, legitimate & respectable businessman, he could not withstand this mental agony, the subsequent week he had a severe heart attack which claimed his life.

After which, some gundas attacked me & my family at my home, for which I have even video footage. My widow mother, my kids were horrified, so I left my assets & business there & migrated abroad.

After that, some money lenders & suppliers lodged complaints in police, a lookout was issued. I got to know this from media & newspaper. 

NOW, after a year, I finally have a buyer for my property in another country (not India).

Question 1 I don't know, whether a lookout is issued or not, from which department can I check for lookout issuance?

Question 2 I have to travel from one country to another ( abroad to abroad ). Can the immigration department of other country catch me at the international airport of other nation?
Asked 7 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

Dear Querist

my opinion on your queries are as under:

Question 1 I don't know, whether a lookout is issued or not, from which department can I check for lookout issuance?

Opinion: you can check the same from police and investigation officer may informed all the details.

Question 2 I have to travel from one country to another ( abroad to abroad ). Can the immigration department of other country catch me at the international airport of other nation?

Opinion: no there will be no issue, LOC will only for Indian immigration. Purpose means when you will enter in Indian Airport then based on the LOC you can be arrested and immigration department informed to police where the matter is pending or by whom the LOC was opened.

LOC will have no effect on another country.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

1.You can get the information from FRRO section.

2 Since it is done after FIR is registered,you can get the information from the investigating Officer of the case also.

3. If you do not come to India then travelling from one foreign country to anther will not pose any problem at all.

4. Since You are absconding if you have plan to come to India anytime soon then must apply for bail ,preferably anticipatory bail.This alone can give relief from the all the legal hassles presently persists g here.

Devajyoti Barman
Advocate, Kolkata
23288 Answers
519 Consultations

Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest,it can be issued at the level of DCP

2)in case you seek to enter india you would be detained by immigration authorities

3)An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one-year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC.

4)if international LOC is issued you can be detained at the international airport of other country

Ajay Sethi
Advocate, Mumbai
97267 Answers
7856 Consultations

1. Was you involved in your father's business as partner or director?

2. If no then you can not be hounded for repaying your father's debt.

3. If you owe anybody any amount then it will be a civil case and not a criminal case unless someone complaints and brings the charge of cheating against you or your father.

4. However, you shall have to find out from the police station whether any FIR has ben filed against you or not and the status of the said case.

5. Engage a local lawyer to enquire in to the matter from the local police station and act accordingly.

6. Lookout notice issued by Interpol against hardened internationally reputed criminals calls for detention of such people wherein you do not fit.

Krishna Kishore Ganguly
Advocate, Kolkata
27500 Answers
726 Consultations

1. It is possible that some of the debtors might have complained that you have run away with their money for which the police has registered a FIR.

2. Engage a local lawyer in india to meet the concerned I.O. to enquire the matter and inform you to enable you to take appropriate remedial action in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
27500 Answers
726 Consultations

A simple 138 case is not a gravies offence for issuing a look out notice. In the Negotiable Instruments Act 1881 if any person is deemed to have committed an offence under Section 138 then he/she will be punished with imprisonment for a term that can extend up to 2 years or with fine which can be twice the amount of the cheque or both.

So, why you would absconding? Is it a great offense?

For getting an information about LOOKOUT Notice

file an RTI application before concern police station (Suspected police station which were you have hope to be arrested) with the help of relatives or friends .Or else Check the websites of police and emigration department.

You note that after the registration of FIR, the police issued a look-out notice .The Look Out notice is opened to trace the absconding criminals and also to prevent and monitor effectively the entry or exit of persons who may be required by law enforcement authorities.An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC.

Example

http://keralapolice.org/public-information/alerts/wanted-persons

Ajay N S
Advocate, Ernakulam
4095 Answers
113 Consultations

1. Contact a local lawyer as he will be able to find out whether a LOC has been issued against you.

2. If there is a LOC issued against you then you will be arrested the moment you land in India.

3. File a petition for cancellation of LOC and then apply to the court for cancellation of NBW.

4. You can be arrested in any part of the world if there is a Red Corner Notice issued against you by Interpol.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Take the services of a lawyer who can get all the details easily

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

Q. I don't know, whether a lookout is issued or not, from which department can I check for lookout issuance?

A. look out notice is issued by the ministry of home and external affair on receiving such direction from the court under section 105-A of the code of criminal procedure. this is not an easy task, generally it shall be issued after attachment of property if accused did not appear in pursuance of warrant and proclamation. You should visit web site of ministry of home that whether look out notice has been issued or not.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Question 1 I don't know, whether a lookout is issued or not, from which department can I check for lookout issuance?

The Look Out Circulars are opened to trace the absconding criminals and also to prevent and monitor effectively the entry or exit of persons who may be required by law enforcement authorities.

The request for opening of LOC must invariably 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/Superintendent of Police concerned at the district level.

Question 2 I have to travel from one country to another ( abroad to abroad ). Can the immigration department of other country catch me at the international airport of other nation?

The request for opening of LOC is required to be made to all immigration Check posts in the country.

An LOC is valid for a period of one year. However, in case the originating agency wants to extend the validity beyond one year it can ask for the extension before the expiry of the one year period. If no request is made for the extension of the LOC within the stipulated period of one year, the Immigration Officer concerned is authorized to suspend the LOC.

This will not be applicable in a foreign country.

T Kalaiselvan
Advocate, Vellore
87469 Answers
2348 Consultations

I forgot to mention one thing, I am absconding as per the police records. So how & whom should I contact?

If I send a relative or friend, will the police not cross inquire him or her?

You can engage the services of an advocate who can manage the subject issue without being detected that for what purpose he is enquiring into this.

T Kalaiselvan
Advocate, Vellore
87469 Answers
2348 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer