An anticipatory bail application must be filed by you in the court and after grant of anticipatory bail you may come back to India. You may also file a quashing of charge sheet against you once you get anticipatory bail.
My parents were involved under 420 IPC 3 and 4 Cases and LOC is issued against their children
Good morning Sir, I am writing this to seek advice on how to proceed further with my situation. I flew out of India for higher studies in 2012 and residing overseas as of today. My parents were accused as involved in chits and money circulation and were arrested in Sep of 2013 under 420 IPC 3 and 4 section acts and later released on Bail. As of today the case is still on trail and no verdict has been stated. Myself, a 29 year old was stated as A2 absconding from trail in the FIR. However I was not aware or involved in any of these but the DGP addressed to the Joint Director of Immigration to issue a Look out circular. Its been 10 years and I was unable to travel and still struggling overseas. The incident took place after 9 months of me leaving the country and the case is still pending with High court. I would to return back to India in a safe position without being arrested, what are my options to consider her and how long the process can take to initiate with a successful removal of LOC ? Please let me know. Thanks in advance.
Asked 2 years ago in Criminal Law
Religion: Hindu
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9 Answers
Thanks for the response - Will the anticipatory bail be issued when the LOC is active ? Instead of filing a quash petition - Is there a way to withdrew LOC ? If yes, please let me know.
Asked 2 years ago
I'm sorry to hear about your situation. It can be challenging to navigate legal issues, especially when you're living abroad. Here are some options you can consider to address the Lookout Circular (LOC) and return to India:
Consult a lawyer: The first step you should take is to consult with a lawyer who specializes in criminal law. They can advise you on the best course of action to take and help you understand the legal implications of your situation. They can also help you file a petition in court to remove the LOC.
File a petition in court: You can file a petition in the court that issued the LOC to remove it. The petition should explain the circumstances surrounding the case and why you were not involved. The court may ask for additional information or evidence to support your case.
Seek bail: If you are required to appear in court, you can seek bail to avoid being arrested. Your lawyer can help you apply for bail and represent you in court.
Approach the Indian embassy: You can approach the Indian embassy in your country of residence for assistance. They can provide you with information on the legal process and help you get in touch with a lawyer in India.
Wait for the case to be resolved: If the case is still pending in court, you may have to wait for it to be resolved before you can return to India. Your lawyer can advise you on the best course of action to take in this scenario.
The length of the process will depend on various factors, such as the complexity of the case and the efficiency of the legal system. It's important to stay in touch with your lawyer and keep yourself informed of any updates in the case.
I hope this information is helpful. Good luck with resolving your situation.
If the LOC is still effective then you will be taken into custody by airport police and handed over to the local police.
You can arrange a lawyer in your native to be prepared with a bail application to get enlarged on bail immediately.
After that you can apply for removal of LOC against your name through high court.
Once the LOC is removed you can file a petition for quashing the Charge sheet under section 482 Cr P.C before high court.
There's no question of anticipatory bail if you are arrested in the airport.
But that will not prevent your lawyer to file an application for anticipatory bail.
In case the anticipatory bail is granted with conditions you may have to be present in India immediately.
If AB is granted then you will not be taken into custody at airport.
On arrival you can file a petition to remove LOC and subsequently file a petition for quashing the Charge sheet.
File application for setting aside LOC in trial court or in HC
make application for anticipatory bail in sessions court
You should apply for setting aside LOC
apply for anticipatory bail in sessions court
Apply for anticipatory bail. Your passport can be impounded any time then you have to return immediately and arrest on the spot at airport.
Look Out Notice/Circular is issued for a period of one year, unless specifically exceeded by the authority issuing the Look Out Notice/Circular.
Can approach the trial court or Hon’ble High Court having jurisdiction seeking cancellation or quashing of the Look Out Notice/Circular
Yes it can be issued
yes you can withdraw it by applying to the same court which issued it or high court under writ petition
Dear Querist
Once you will get Anticipatory bail then the court may direct the police to remove the LOC too so that you may join the investigation and co-operate with the investigation, even the purpose of LOC will also be futile when you will get Bail.
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