Dear experts,
I am working in Dubai and separated from my wife since last 4 years.
There was a complain files by wife against me and an FIR is filed when I was abroad.
local police issued a look out notice post filing the FIR. I came to know about this when I landed in Chennai and detained by the immigration authorities.
subsequently, I was taken into police custody and remand was executed. After the remand is executed, I was produced at the judicial magistrate court and granted a bail without any condition.
The next day, police submitted the charge sheet and the same is numbered now. I may receive the summon for appearing in the JM court anytime.
Later I asked the police regarding the LOC and they verbally confirmed that they have initiated the cancellation of LOC.
Now, I have some emergency work in Dubai and need to travel. When I booked the tickets and went to airport, immigration authorities stopped me again stating the LOC is still active. I showed them the bail copy and explained that the is duly executed. But they refused to allow me to travel stating there is no explicit clearance in the bail to allow you to travel.
I called the inspector who also told the immigration team that the LOC is duly executed, but they required an explicit NOC from the inspector.
The inspector said that she can't give NOC now as the case is still not closed.
I reached out to DC, who advised to seek help from high court.
I filed a petition at high court paying to direct the inspector to give NOC. But, the high court directed me to raise the case with Magistrate court.
I raised the case in magistrate court and the judge initially refused to take the matter. Later, I submitted the petition quoting reference to the supreme court order in Rajesh Sharma ors Vs state of UP case ( CRIMINAL APPEAL NO. 1265 OF 2017). Now the judge took the petition but mentioned that the reference provided is not of exact relevance and asked for filing the petition with proper provisions and references.
It's almost 2 months now, since the process is initiated and could not find any light for getting LOC clearance / NOC.
Need guidance from the expert team, if there is any alternative way to get the clearance/NOC.
Thanks & Regards,
Sakthi
GO thru;
Ministry of Home Affairs circular Dt; 27-10-2010 on LOC
The trial court, SP/DCP of jurisdictional police area/investigating agency could remove/cancel LOC.
The said Inspector may not indeed have the powers to cancel the LOC.
If police states that they have initiated the process to to cancel then you could have managed to interact and get details.
The references etc, that you need and cancellation of LOC is the job of your own Lawyer, and your own lawyer could have, guided and helped you thoroughly.
The cancellation of LOC is updated with; Bureau of Immigration.
On your own you may also submit the certified copies of cancellation of LOC to IO/SP/DCP/BOI, under proper acknowledgment and keep certified copies with you.
Nodal Officer/ Commissioner/Dy. Director;
Bureau of Immigration
Office Address: East Block-VIII, Level-V, Sector-1, R.K. Puram, New Delhi-110066
Telephone No: 011-26102622(Telefax)
Until or unless the details of cancellation o are updated in records you may not be allowed to travel.
So confirm before you travel.
