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498avictimaustralia (Student)     09 January 2015

498A - LOC in India and Through Out the World

Dear Experts

After receiving divorce petition wife filed FALSE dowry cases (498a, 294b, 506(i) and DP act) against me and my family members. Family members are on bail. Charge sheet filed 3 months ago. Trail is on, and after 4th hearing, last month LOC was opened  on my name.

I am a foreigner of Indian origin. After about 5 months of unemployment I got a job one year ago. I requested for 2 months leave from my employer but rejected. I was asked to resign if I go on 2 months leave. Since I got some debts to be paid off urgently I am unable to go to India for long period. 

Also, I am not sure what would happen if I go to India as LOC is in place.

1. Can I give Power of Attorney to my counsel or father and proceed the case for next few months without my presence?

2. Can I get AB? If yes, would the immigration authority detain me in the airport even after obtaining AB?

3. Can LOC be opened through out the world? It was told by the investigating officer that the LOC is opened in India and through out the world. If I travel to other countries (not India) will there be any trouble in the foreign immigration check points?

4. Can I cancel LOC and give POA to my counsel or father, if so, could you please give some guidance on this?

5. My lawyer said POA is impossible in 498a and criminal cases, but I saw somewhere on the internet that POA is possible. Can some one give reference for POA in 498A related cases? My lawyer asking me for the procedure to execute POA or else he said he may have to seek High Court directions to execute POA.

6. My wife alleged that she left all her jewels in my parents house but we are not sure what she left and what she took with her. Her locker never been opened after she left the house (she left the house on the same day I left India). What would happen if the amount of jewels mentioned in the FIR/charge sheet are not found in the locker?

7. Still her belongings are at my parents house, why hasn't she taken it yet? Is there any catch in it?

My whole family is being destroyed by these FALSE allegations and by my in-laws and their political and police powers. One of my in-law's classmate/close friend is a top cop (Inspector General of Police). The investigation officer always call my parents and threaten and harass them even now for not producing me.

Please give me some valuable advice. Thanks in advance.



Learning

 5 Replies

498avictimaustralia (Student)     09 January 2015

@Raj123, The document says "LOC to be opened in India and through out world". Until yesterday, I too thought that LOC will be opened in Indian international airports only, but now I am not sure.

ARUN KUMAR SONI (Tax Consultant/ Law Counsealing)     09 January 2015

please do not panic on LOC, and please contact to me of more clear opinion required.

 

Advocate Arun Kumar Soni

+919928492322

srk (Service)     20 January 2015

Brother,
find below the answers i feel may help you.
1. Can I give Power of Attorney to my counsel or father and proceed the case for next few months without my presence?
Yes you can give power of attorney to your father to fight the case, but nothing is going to happen, all the judge will ask is for you to be produced before him and settle the matter, but once you present your self, you will be jailed until you get your bail and forget your plans to go back to your job near future.
 
2. Can I get AB? If yes, would the immigration authority detain me in the airport even after obtaining AB?
i dont think so you will be able to get an AB, i tried but was told that will not be given as i am not in India.
 
3. Can LOC be opened through out the world? It was told by the investigating officer that the LOC is opened in India and through out the world. If I travel to other countries (not India) will there be any trouble in the foreign immigration check points?
LOC is only in India, Red Corner Notice will be world over, but interpol needs to issue a RCN, which they are not for 498a cases, as they know most of these cases are false and baseless
 
4. Can I cancel LOC and give POA to my counsel or father, if so, could you please give some guidance on this?
LOC cannot be cancelled until you present yourself infront of the Judge, you can get a stay on it for 6 month if 2 government employee give surity with 1 lack deposit. after 6 months you can apply for extension. this is not an easy process. obviously your wife will cry infront of the judge who can cancel that anytime.
 
5. My lawyer said POA is impossible in 498a and criminal cases, but I saw somewhere on the internet that POA is possible. Can some one give reference for POA in 498A related cases? My lawyer asking me for the procedure to execute POA or else he said he may have to seek High Court directions to execute POA.
answered above
 
6. My wife alleged that she left all her jewels in my parents house but we are not sure what she left and what she took with her. Her locker never been opened after she left the house (she left the house on the same day I left India). What would happen if the amount of jewels mentioned in the FIR/charge sheet are not found in the locker?
She did not leave anything in your house, she took everything with her what all she can find even thought it belongs to her or not, this is just tactic that they use to extract money from you, she can use that as a weapon to harass you demanding Jewelry. also for all the jewelry she has to prove that that it belongs to her by producing receipts during the trial.

7. Still her belongings are at my parents house, why hasn't she taken it yet? Is there any catch in it?
Its just a tactic to include more section and make the case, all these 498a women would leave the husband but never leave jewelry behind. 
 
next thing that follows is passport impound( but the embassy will ask you to submit your reply- if you provide them with a satisfactory answer they might delay the process) 
Extradition and deportation are far far far away. dont think it is possible in near future.
what is your case status?
 
i am not an attorney i have learnt this all from my experience and reading the posts and suggestion of experts. 
SRK

498avictimaustralia (Student)     22 January 2015

Thanks srk for the detailed and valuable information.

Sudhir Kumar, Advocate (Advocate)     26 January 2015

Agreeing with SRK I would add  as under

 

1. Can I give Power of Attorney to my counsel or father and proceed the case for next few months without my presence?

Yes you can give power of attorney to your father to fight the case, but nothing is going to happen, all the judge will ask is for you to be produced before him and settle the matter, but once you present your self, you will be jailed until you get your bail and forget your plans to go back to your job near future.

 

It is a criminal case and you have to realise that that matter has gone to stage of LOC.  You should not on earth expect any lenient/sympathetic  treatment from judge unless present before him.

 

2. Can I get AB? If yes, would the immigration authority detain me in the airport even after obtaining AB?

i dont think so you will be able to get an AB, i tried but was told that will not be given as i am not in India.

 

Your absence has already established lack of bonaifdes and it goes without saying that opposite side is diligently following case.  SO expecting AB in this case will be a dream.

 

 

3. Can LOC be opened through out the world? It was told by the investigating officer that the LOC is opened in India and through out the world. If I travel to other countries (not India) will there be any trouble in the foreign immigration check points?

LOC is only in India, Red Corner Notice will be world over, but interpol needs to issue a RCN, which they are not for 498a cases, as they know most of these cases are false and baseless

 

Most of the cases in a particular section is no ground for refusing RCN.  498a is not a universal crime but 406 is.  It is for the Interpol to see if they have time to see these cases. You have prima-facie no right against it.  You have right to appear before australian court if extradition case is filed there.

 

4. Can I cancel LOC and give POA to my counsel or father, if so, could you please give some guidance on this?

LOC cannot be cancelled until you present yourself infront of the Judge, you can get a stay on it for 6 month if 2 government employee give surity with 1 lack deposit. after 6 months you can apply for extension. this is not an easy process. obviously your wife will cry infront of the judge who can cancel that anytime.

 

 

The court may even go for better surety.  Under given situation no Govt servant (howsoever close) may not be easily inclined to be a surety.

 

 

5. My lawyer said POA is impossible in 498a and criminal cases, but I saw somewhere on the internet that POA is possible. Can some one give reference for POA in 498A related cases? My lawyer asking me for the procedure to execute POA or else he said he may have to seek High Court directions to execute POA.

answered above

 

under given circumstances such directions from High Court may not be so easy. Your lawyer told so probably you are not convinced of what he advises.

 

6. My wife alleged that she left all her jewels in my parents house but we are not sure what she left and what she took with her. Her locker never been opened after she left the house (she left the house on the same day I left India). What would happen if the amount of jewels mentioned in the FIR/charge sheet are not found in the locker?

She did not leave anything in your house, she took everything with her what all she can find even thought it belongs to her or not, this is just tactic that they use to extract money from you, she can use that as a weapon to harass you demanding Jewelry. also for all the jewelry she has to prove that that it belongs to her by producing receipts during the trial.

 

It is you to prove that she took jewellery.  You have not e3ven stated where jewellery is.

 

Who/why anyone should agree that you are saying from 90 degree away on globe (not coming before court) is speaking truth. This is the allegation on which bail can be refused and theoretically (if case followed vigorously) you can be brought form abroad.

 

This is the groove on the potter’s wheel which she has exploited to move the wheel

 

7. Still her belongings are at my parents house, why hasn't she taken it yet? Is there any catch in it?

Its just a tactic to include more section and make the case, all these 498a women would leave the husband but never leave jewelry behind. 

 

next thing that follows is passport impound( but the embassy will ask you to submit your reply- if you provide them with a satisfactory answer they might delay the process) 

Extradition and deportation are far far far away. dont think it is possible in near future.

 

If jewellery is with parents why they have not returned so far.  There might have been some reconciliation in CAW.  What stops them from depositing the same in court / thana.

 

These facts are not helping you at all.

 

what is your case status?

 

i am not an attorney i have learnt this all from my experience and reading the posts and suggestion of experts. 

SRK


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