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jhakhmipati   07 April 2018

Is fir necessary for police to issue loc

My question may sound vague but i want to know if LOC is to be issued by Superitendent of Police, do they need to file FIR first ? In my case 498 (a) was filed in police station in 2010 and no FIR has been registered till this date as i have been out of country and my wife has remarried. Police have not filed any chargesheet neither have they filed any FIR but i am afraid that they may have kept this case pending in police station and probably issue LOC against me. The problem is that my smart wife has remarried with someone traditionally and have not solemnise her second marriage on paper. She is already living with that person and i have no problem with it.  But i am stuck thinking over and over about this. Also to share more my wife has withdrawn crpc 125, DV, 406 in court against me but i have no knowledge of 498a  since it was filed in police station. I would appreciate if someone could shed some light on whether or not LOC can be issued without FIR or Chargesheet.



 8 Replies

Vijay Raj Mahajan (Advocate)     07 April 2018

Look out circular (LOC) is issued by the SP or DCP of the concerned Police station only after FIR is registered and the accused is not responding to notice to appear before the IO or is untraceable by the IO of the Police.

jhakhmipati   07 April 2018

Originally posted by : Vijay Raj Mahajan
Look out circular (LOC) is issued by the SP or DCP of the concerned Police station only after FIR is registered and the accused is not responding to notice to appear before the IO or is untraceable by the IO of the Police.

 

Is there any time limit for police to file a chargesheet in court once the complaint is lodged in police station ?

Kumar Doab (FIN)     07 April 2018

GO thru;

Central Government Act

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

https://indiankanoon.org/doc/538436/

 

Central Government Act

Section 468 in The Code Of Criminal Procedure, 1973

https://indiankanoon.org/doc/1599077/

Central Government Act

Section 167 in The Code Of Criminal Procedure, 1973

 

https://indiankanoon.org/doc/1687975/

Kumar Doab (FIN)     07 April 2018

Take help of a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/criminal matters and having successful track record …and worth his/her salt..

The FIR is not filed and apparently NO inquiry is conducted and the delay may favor you...

A counsel as suggested above and also well versed with amendments if any in your state can help you come out of the situation..

Dr J C Vashista (Lawyer)     08 April 2018

There is no time limit to file charge-sheet in any case.

In your case NO  FIR is stated to have been filed, hence there is no question of filing any charge-sheet.

In the given circumstances, it is your apprehension only,  neither LoC has been/ nor it shall be issued .

You should also enjoy your life as your wife is enjoying.

Best wishes.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     08 April 2018

Well wife  can be jailed or not is a separate issue, Imp point is you have to come out of your problems.

 

Engage local person and collect evidence that she is living with some body. It will be sufficient for your cases to be dismissed with proper legal aid.

jhakhmipati   09 April 2018

Originally posted by : ADVOCATE TRILOK
Well wife  can be jailed or not is a separate issue, Imp point is you have to come out of your problems.

 

Engage local person and collect evidence that she is living with some body. It will be sufficient for your cases to be dismissed with proper legal aid.

Appreciate your advice sir. I honestly don't want to get in to punishing my wife as those people are real mafia. She is backed by real politicians and high profile police officers. Times when judge and police officers have called personally on my US number to threaten me. Now that everything has settle down i want to move on with my life. I was 23 yrs when i faced 498 a and never knew what were the consequences i was going to face. I came so far with all of this that i don't really want to look back and think of those days. I just want to move on with my life. 

jhakhmipati   09 April 2018

Originally posted by : Dr J C Vashista
There is no time limit to file charge-sheet in any case.

In your case NO  FIR is stated to have been filed, hence there is no question of filing any charge-sheet.

In the given circumstances, it is your apprehension only,  neither LoC has been/ nor it shall be issued .

You should also enjoy your life as your wife is enjoying.

Best wishes.

Appreciate your advice sir.


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