proclaimed offender section 498a

nitmuk (Querist) 23 August 2009 This query is : Resolved
Sir,
Arrest warrant has been issued against me under section 498a. I dint show up in the court since I am working in USA. Now I have been declared as proclaimed offender.

>> What should I do now?
>> Is it safe to continue staying in USA?
>> Would the Indian emabassy in USA impound my paasport?
>> My wife knows that I am in USA . What all she can do to get me back to India and screw my career, since this is what she wants, to ruin my career.

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RAJENDRAN K.M. 09443050520 (Expert) 23 August 2009
Sir,the court onece issued NBW u can surrender and cancel the warrent.But if u take long time for recalling the nbw the court has reffused to cancell the same.The warrent exicuted through the embassy ,petitioner applying the appl before court and give ur full details and made prayer for sent warrent via indian embassy and exicute it for usa.But usa govt not sign the agreement for exchanging the offenders for both country u can't arrested in usa.

A V Vishal (Expert) 23 August 2009
What should I do now?

Ask your advocate to seek time for your appearance stating the facts.

Is it safe to continue staying in USA?
Would the Indian emabassy in USA impound my paasport?

A red corner notice can be issued, in case you dont turn up in the first instant, you can be arrested anytime, anywhere and extradited back home.

A V Vishal (Expert) 23 August 2009
Dear Rajendran,

There is a extradition treaty with USA which was entered in 1999, Refer to the official site of CBI for complete details.

nitmuk (Querist) 24 August 2009
I really thanks for your responses. But I am still not clear if I am safe to stay on USA. Or my wife can approach the Indian embassy in USA (obviously thru Indian Authorities) and get my passport impounded?? if yes, how much time does the whole process takes??

Also I would like to highlight that I am not a USA citizen but just on work visa. So in this case also are there chances of extradition.

Somnath mukherjee (Expert) 24 August 2009
Presently you may be safe but you arrenge for the surrender.Don't worry you may get the within a short while.

nitmuk (Querist) 25 August 2009
Hello, I dont want to surrender myself since I am in the middle of my life. hence wanted to know the complexities involed.