Prevent loc cancellation

Kumar J (Querist) 25 January 2024 This query is : Resolved
Hello Experts,

My sister has been a victim of domestic violence and abuse. We have filed a case against her husband and he has been booked under 498a.
Her husband is not an Indian citizen and is in India at the moment. Recently a Look Out Circular (LOC) had been issued, under which he was detained at the airport when he attempted to travel back overseas.
However, he managed to get a bail and would now try to get the LOC cancelled.
Is there anything we can do from our end through our lawyers to prevent him from leaving the country, as the court case has been pending for almost 7 years now.

Thanks

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Quick Summary

This discussion addresses how to prevent an accused individual, whose wife is a victim of domestic violence, from having a Look Out Circular (LOC) cancelled. The husband, a non-Indian citizen, is attempting to leave the country while a case under Section 498A is pending. Experts advise filing an intervening petition to object to the LOC cancellation and potentially requesting the court to order the deposit of his passport to prevent him from leaving India without permission.

T. Kalaiselvan, Advocate (Expert) 25 January 2024
The LOC opened against him will not be removed or closed even if applies for it before without hearing the defacto complainant's objection.
In any case, your sister can file an intervening petition and strongly object to the relief sought by him.
You can discuss and be in regular touch with your advocate.

Kumar J (Querist) 25 January 2024
Thank you so much for your suggestions Sir.
I do have another question
Since he already has bail, do we need to specifically request in the court to give orders such that he is not allowed to travel abroad?

kavksatyanarayana (Expert) 26 January 2024
You may request the court to object to her husband abroad.

Kumar J (Querist) 26 January 2024
Thank you so much for your suggestion.

T. Kalaiselvan, Advocate (Expert) 26 January 2024
Since he is already enlarged on bail, in your intervention application you may request court to pass an order to deposit his passport with court so that he doesn't leaves the country without court knowledge.

Kumar J (Querist) 26 January 2024
We did try that actually. Initially the judge asked him to deposit his passport, however at that point his lawyers argued saying court cannot hold the passport (quoting a reference to a supreme Court case).

T. Kalaiselvan, Advocate (Expert) 26 January 2024
The lawyer was right in insisting that the court cannot impound the passport, but the court can pass an order directing the accused to deposit the passport in the court which will be returned to the passport holder after disposal of the case, this is not impounding of passport.
Moreover you were suggested to include this request in your intervene petition proposed to file objecting to his petition seeking removal of LOC.
The earlier one was a different situation and your request was just oral at that time.
Instead of wasting time with unnecessary queries, you better discuss at length with your advocate about the strategies to be adopted now

Kumar J (Querist) 26 January 2024
Thanks so much for your reply sir. We are in touch with our lawyers . Since they also mentioned court cannot hold passport. I thought I can get an opinion from this forum so that we don't miss any chance . We will discuss this point with our lawyer. Thanks again for your opinion.

T. Kalaiselvan, Advocate (Expert) 26 January 2024
You are welcome for your appreciations.
Please remember that most of the time the discretion of the court plays a vital role while the orders are passed.

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