you need to apply for removal of LOC
2) approach trial court or HC for setting aside LOC on basis of settlement arrived at
IPC 498a, 406
I have a query regarding my elder brother who lives in Canada he had a matrimonial case in Amritsar in the year 2018. His wife has lodged an FIR against my mother and my elder brother. Following this, his wife issued an LOC against my brother and my mother, later adding my father and my name under section IPC 417. Now we have got to know that an LOC has been issued for every family member. Our FIR has been quashed due to compromise, and the high court has also quashed our FIR. Now My question is, with the FIR quashing from the high court, is the LOC also quashed, or do I need to apply separately to remove the LOC from all my family members? Kindly suggest the process for canceling the LOC step by step. Our case is in Amritsar, Punjab.
Asked 2 months ago in Family Law
Religion: Sikh
21 Answers
"Is it possible if I apply from the trial court, they can cancel my LOC or do I need to approach the high court?"
Asked 2 months ago
One more thing, our FIR was quashed in the month of April 2024. Still, we can go to trial court to cancel our LOC. As I have asked the NRI police station, they are saying from their side they have sent the mail to BOI for LOC removal, but still, the reply has not come from BOI.
Asked 2 months ago
it is better to approach the HC as case has been quashed by HC
No case is pending in trial court better approach HC
There are several grammatical errors and repetitions in the text. Here is the corrected version: There is no issue with the time period as our FIR was quashed in April 2024, and right now it's October. We can still approach the High Court, isn't it so?
Asked 2 months ago
you can still approach the HC
If the LOC is not removed or cancelled, you can apply to the district court where the FIR was pending for its cancellation on the ground of quashed FIR and therefore, the district court upon your application will verify from the concerned authority the status of LOC and after receiving status report, if the LOC was not cancelled than the court will pass appropriate order for its cancellation.
"The FIR has already been quashed. So, where should one approach - the High Court or District Court - to cancel the LOC?
Asked 2 months ago
It will be appropriate to approach District Court for cancellation of LOC.
approach the HC for cancelling the LOC
If anyone has a good lawyer's number from Amritsar who deals with NRI LOC cases, please share the number
Asked 2 months ago
One more thing, I have spoken to one high court lawyer. He said we need to file a civil writ petition from the high court to cancel the LOC. I have a question: after the petition, what is the next step if our LOC gets cancelled by the high court? Please suggest the next step. Do we need to get a certified copy of the court order and then send it to BOI? Kindly suggest what to do after the LOC is cancelled by the court. How can I confirm that my LOC has been cancelled with the help of the court?
Asked 2 months ago
Since the courts all over india are functioning in a hybrid manner, you can get your application filed through any lawyer and the lawyer can also represnt you by way of video conferencing system on the date fixed for your application.
Search on this website for lawyers from Amritsar
Apply for and obtain certified copy of HC order setting aside LOC and submit it to FRRO as well as MEA
Approaching High Court under a writ will be unnecessary, lengthy(time taking) and will also cost you.
It will be more appropriate to approach district court for fast and easy cancellation of LOC.
After getting appropriate orders the authority automatically cancel such circular as the court send the copy of order regarding cancellation of circular by themself. Nevertheless, it is advisable to keep a certified copy of such order with urself in case of any problem or uncertainity.
It is automatic that the LOC also will stand removed or cancelled after the FIR is quashed.
Therefore you may have to take steps to remove LOC against you and your family members.
The person who issued the LOC can be approached to request its cancellation.
The court where the trial is pending can be approached to file an application to cancel the LOC.
The High Court can be approached under the Writ jurisdiction if the LOC was issued by the government, an investigating agency, or a bank. If the LOC was issued by the trial court in an arbitrary manner, the High Court can be approached under section 482 Cr.P.C
The court where the trial is pending can be approached to file an application to cancel the LOC.
The High Court can be approached under the Writ jurisdiction if the LOC was issued by the government, an investigating agency, or a bank.
You may have to follow it up with the concerned police regularly, if they still are lethargic about it then you can approach high court with a petition to remove the loc.
Yes, you can approach high court with a petition to quash the LOC if the same remains to continue against your name.
If the FIR is already quashed then there is no case pending before trial court, therefore it would be advisable that you approach high court itself directly.
You can search for an advocate from this portal hailing from that place or you can find one from the local bar association who will be ready to undertake this job
LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.
However you are at liberty to approach high court with a petition under section 482 Cr.p.c. to remove LOC if the concerned agency is not cooperating to remove the same despite FIR being quashed.
Once the high court passes an order to remove the LOC against your name, you can obtain the certified copy and send it to the agency for removing the same from their records on the basis of the court judgment.
Dear Client,
After your FIR is cancelled, the LOC is not automatically cancelled. In order to have it cancelled:
1. File a writ petition in the High Court to cancel the LOC.
2. After LOC cancellation, take a certified copy of the order from the High Court.
3. To be sent to BOI and the police.
4. Follow up with BOI: Confirmation of cancellation of LOC
The LOC can only be cancelled by the High Court and not by the trial court.
Thank you.Hope this answers your query.
You need to write to the authority who issued loc order about quashing and get it cancelled
- When an FIR is quashed by the High Court, it generally does not automatically cancel the LOC) issued against you or your family members.
- You should move an application for cancellation of LOC with the certificated copy the order of quash before the Court which has issued the LOC.
- Further, submit the said order to the police for update the status.
