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Ravi (Consultant)     11 September 2017

Fake case on indian origin foreigner

One of my friend and his wife / child all has canadian passport, and there was some issue between them, so his wife came to india and filed False case on him.

as he is not aware of this case, and she manage to get LOC/RCN with interpol issued in this case.

and recently when he was in Nepal, immigration authority arrested him but awaiting india to send proof to deport him.

same time his case in in HC dragged for months, and judge is deliberatly delaying without giving any order.

can he approch SC for relief or ask CJM to change the judge;

Please let me know what are the remedies available for him.


 4 Replies

Vijay Raj Mahajan (Advocate)     11 September 2017

He should seek Anticipatory bail from the Session court or high court that will prevent his arrest if that has not been done till date. If he is arrested and produced in the Magistrate court where the FIR is registered, he should seek regular bail. His chance of getting bail quite bright as both parties are foreigner and their dispute must be relating to the foreign country, jurisdiction of the Magistrate court can always be taken in consideration while deciding his bail application. As far moving application for change of high court judge or bench not advisable as creat bais against the party in the mind of judiciary. Supreme court may not be of any help st the initial stage and will adivice for seeking remedy at the subordinate courts only.

Ravi (Consultant)     11 September 2017

Thank you very much for quick reply.

he is still held in Nepal, not produced in Indian court. he already appointed lawyer somehow, as he has not much contacts in India.

HC judge is simply dragging the case, may be he is in the influence of other party.

As a  Foreigner can he approch SC, as he has nothing to do with India or indian Law, and indian law is so blind and biased without thinking MEA act as dictator and allow to issue RCN/LOC

Siddharth Srivastava (Advocate)     11 September 2017

Firstly it is to clarify that CJM is much junior Judge in comparison of a High Court Judge so a CJM has no authority to change a high court judge and you query has questioned the intigrated of a high court Judge which an uncalled aspect of your query. Why a high court judge shall be interested in one particular case. It is very easy to raise finguire but I request you to prove it otherwise pl withdraw your words. It seems that wife has acted smartely. For a crime in Canada the courts in India has no jurisdiction to entertain such case. So pl again inspect the case properly and consult a good lawyer with all facts. You can approach court to get the order vacated or can also apply for anticipatory bail if he is not arrested. Sidharth 9811776422

Ravi (Consultant)     11 September 2017

I mean to say HC CJ, not lower court. everyone knows there is nexus between lawyers and judges, may be she is using lawyer who has UNCLE judge, thats why he is just dragging the case.

she hide the facts at lower court and filed case on foreign national, and our law without varifing issue NBW/LOC/RCN etc even USA/Canada/Australia already reported this warning on the consulate sites. its a wellknown fact. and our MEA is so dumb wihout varifing they approve LOC to interpol in martimonial cases when terrorists roam travel freely.

my question is can he approch HC CJ or SC directly or not.

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