raj guru 03 October 2018

Regarding False 498a and Look out Circular

Wishes to all experts, I am an NRI currently staying in India on vacation from July 2018. after me and my wife returned from Foreign in July , she was 3 months pregnant. influenced from her wicked mother to get aborted she left my home on July 30 th and complained in women's helpline about harassment and has got aborted on July 31st. now after that to harass me she a lodged an FIR on August 16th on all my family members . We have a child of 2 years who is in my house and I needed to go back to my work in September 11th. I booked the ticket and got visa . but till that time investigation didn't start in police station nor I have any Notice from police station. But to harass me with involvement of a police person who is my wife's relative they have issued a Look out circular and stopped me in Mumbai airport. and I returned back. Now the police has not taken the medical reports of her abortion nor any proof from my wife supporting her false FIR which states abortion happened due to my abuse.. I need to take court order to move out of India. But I fear again the police persons may trouble me by issuing notice after I reach Foreign .. kindly help me the best suggestion how to handle these unlawful trouble my wife and police are giving to me.. charge sheet not filed nor investigation started police and their lawyer are demanding to give my 2 years kid to her.. I am ready to face court and not ready for compromise for their money demands.

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6 Replies

Vijay Raj Mahajan (Advocate) 03 October 2018

Get anticipatry bail from the court and also seek permission to travel outside India for job. The court will impose conditions for you while granting bail and allow you to travel outside India. Also seek cancellation of look out circular issued against you after you appearing in the court and surrendering yourself, this will help your easy passage out of India through immigration at international airport in India.

raj guru 03 October 2018

thank you , I have AB with no travel restriction . Where should I ask for cancellation of LOC . In session court or High court

Vijay Raj Mahajan (Advocate) 03 October 2018

Trail court or court of judicial magistrate who issued order for LOC.

Sakthi 04 November 2018

make sure that you get an NOC from police for your travel. Because even if the court directs the police to cancel the LOC, after initiating the LOC cancellation, it will take 2 months to reflect in immigration systems. Don't book your tickets unless
1. you have an explicit permission from court which clearly says you may travel abroad.
2. you have an NOC / PCC from police.

Kumar Doab (FIN) 04 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Criminal matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL : Family/Civil courts, HC, SC …

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL : Family/Civil courts, HC, SC …

Kumar Doab (FIN) 04 November 2018

There are various helpgroups that help e.g;

Justice2nri, Maritaljustice etc etc

If you wish you can seek their support/help/guidance ..

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: July 15, 2010 Date of Order: August 11, 2010 W.P.(Crl.) No. 1315/2008 % 11.08.2010 SUMER SINGH SALKAN ... Petitioner Through: Ms. Malavika Rajkotia with Mr. Bandan Kumar, Advocates Versus ASSTT. DIRECTOR & ORS. ... Respondents

JUDGMENT 1. By the present petition the petitioner has sought recall of Look-outCircular (LOC) and Red Corner Notice (RCN) issued by Delhi Police and Interpol against the petitioner alleging that LOC and RCN were issued in arbitrary and malafide exercise of power by the respondent.

11; C. The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. 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.

Delhi High Court

Sumer Singh Salkan vs Ranjeet Narayan & Ors. on 1 February, 2016

Author: Mukta Gupta

Supreme Court of India

Reema Salkan vs Sumer Singh Salkan on 25 September, 2018