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Anil Pasupala   21 July 2016

LOC after chargesheet filing

Dear Experts,


I am an NRI,I am on conditional bail, condition is not to travel without court permission, but due to poor advice I left the country, due to job issues, now I want to come back and fight the case, but biggest concern now is about  LOOK OUT CIRCULAR, how to know whether LOC is issued on my name or not ?? Currently the case stage is Summons pending for A1 (me), charge sheet filled almost 6 months queries are :------

1.After charge sheet filing still police can issue LOC,since all the investigation is finished ?what if they come to know about my presence ?? case LOC issued ,what if I apply AB while I am in foreign county to evade arrest in the airport.?? Can I do it ??

3.How many days I have to in jail for the unintentional bail condition breaking,??

4. weather its going to affect my case 498A which iam going to face the trial ??


 4 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     21 July 2016



Seek cancellation of the LOC from the court if you have left the country without any malafide intention. 


Warm Regards 

Kapil Chandna Advocate 


After chargesheet filling ,police doesnt have rights to issue loc .i am also same condition dont worry .i filled reverse against opposit party including dcp and case in trial

srk (Service)     26 July 2016

Anil, what is the status of your case online? normally if a NBW/LOC is issued the status shows as below

Business :  A1 NBW is pending. Call on 10-10-2016
Next Purpose : ISSUE BW/NBW
Next Hearing Date : 10-10-2016

Summons pending for A1 - mean that summons are issued on your name

If you dont respond to summons, Prosecution will ask for NBW, Judge if satisfied with the argument will issue an NBW, even after NBW if you dont respond, the police will get LOC issued on your name.

Normally LOC is only valid for 1 year, there is a seperate department in Police to maintain the LOC status , after a LOC is expired, they get an updated LOC and communicate with the Immigration division so that the LOC is active. once everymonth police submit new LOC's or update the LOC's that are expired, ex: if your LOC is expiring on 1st july 2016 and if the police update your LOC on 20th July 2016, you will have that 18 days span where you can slipin without being caught. 

Talk to your Lawyer he will let you know if a NBW was issued or not, NBW is the prerequisite for LOC. 

1. Yes NBW and LOC can be issued even after the charge sheet is done, only because you are not attending the trial.

2. In case LOC issued, your Lawyers needs to approach the Judge and ask him to revoke it so that you can attend the trial. there is lot of convincing needed here because you have jumped the bail condition.

3. I dont know, as of i know it is not more than a week as per what i heard from my lawyer.

4. Jumping bail shouldnt effect your 498a case, there is a chance that your passport will be impounded by the court and you need to approach the court with a guarantor and deposit with the court(around 5 lack) if you want to leave the courtry.

How long were you out of country?

How many court dates did you miss? 

Talk to your lawyer, he should know the status of the case

1.If no NBW is issued in your case land in India and fight the case. 

2.If NBW is issued, fly to India surrender in the court, they will not arrest you at the airport. In scenarios 1 and 2 dont let anyone especially the cops, prosecutor or Judge know that you have jumped the bail condition.

3.Worst case scenario if a LOC is being issue, the moment you go through immigration you will be arrested and police stations where the 498a was filed will be alerted and you will have to face the Judge and his punishment which will include impound of your passport and few days in Jail.

I hope this help, Only after talking to immigration officer, cops and lawyers i am advicing you, i am just like you another 498a victim, trying to get my way through the system.


Anil Pasupala   26 July 2016

thanks alot all the experts, Excellent info @srk, i checked online my case status is showing summons,no NBW still,i spoke to my lawyer he said,still time is there for NBW since i missed only 2 dates.more over he assured me that its not a big offence like murder,rape,docoite charges iam facing,its only matrimonial issue only,so it will be difficult for them to issue LOC after chargesheet submitted to the court,since investigation already finished.its only upon court directions they can issue the LOC.

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