You need to apply to the said court or file writ petition in HC to remove loc
Process for removal of LOC while staying out of country
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. It was stated in the FIR that DGP addressed to the Joint Director of Immigration to issue a Look out circular. I have no idea if it was really issued or stated in the FIR. 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. Now that I would like return back to India in a safe position without being arrested, what are my options to consider and work on initiate with a successful removal of LOC while I stay overseas by a attorney ? Do I still need an anticipatory bail even after the LOC has been removed ? What are the chances of winning these Squash petitons ? Please let me know. Thanks in advance.
Asked 1 year ago in Criminal Law
Religion: Hindu
7 Answers
You have to file writ petition with n HC for setting aside LOC issued against st you
2) you can check the court records as to whether any LOC was issued against you
If there's a LOC pending against you then the immigration authorities will hand you over to airport police on arrival
You may ask your advocate to be prepared with anticipatory bail granted to you so that you cannot be arrested.
After that you can file an application before high court to remove LOC
LOC cannot be removed unless and until you surrender in court and move application for cancellation of LOC. LOC can also be removed or cancelled if you are acquitted or FIR is quashed. Since you are named accused so you are required to obtain anticipatory bail and surrender or surrender in court or before police and obtain bail. Merely because you are absconding does not mean that you are culprit. If facts permit then only FIR could be quashed by high court. Details required to ascertain merit for quashing of FIR.
LOC issued in 2012 , validity already expired.
- As per law, the LOC notice is issued by 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.
- Further, this notice is valid for one year from the date of issue , but if the originating agency wants to increase the period of this notice, it may do so before the completion of one year.
- Further, if this notice issued by a Court and Interpol , then it cannot expire within on year.
- Further, it is mandatory that the accused should be informed for the said notice has been issued against him, but generally an accused person comes to know about such notice only when he/she is stopped or arrested by the immigration authorities at the airport/border etc.
- Hence , before coming to India , you should check the status of LOC after engaging an advocate , and if there is no LOC issued but NBW issued ,then there is also chances of arrest , and hence you should take anticipatory bail .
Dear Client,
The removal of a Lookout Circular (LOC) necessitates the initiation of certain legal steps, including surrendering in court and submitting an application for the cancellation of the LOC. Alternatively, the LOC can be revoked if you are acquitted of the charges or if the First Information Report (FIR) is invalidated. If your name is implicated in a case, it is essential to secure anticipatory bail, surrender either in court or to the police, and subsequently obtain bail. It's important to note that being in hiding doesn't inherently imply guilt. The possibility of quashing the FIR lies with the High Court, contingent upon the availability of pertinent details that substantiate the case for FIR cancellation.
