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NRI SUCCESS STORIES - AB + PASSPORT 
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Joined: Tue Dec 11, 2012 6:47 am
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Location: UK
PM for details!!


Last edited by 498injected on Thu Sep 05, 2013 5:15 pm, edited 1 time in total.



Mon Feb 04, 2013 6:58 pm
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Joined: Tue Dec 07, 2010 12:35 pm
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Congrats bro - Great! Fight back

Thanks a lot for posting the complete process from bail to removal of passport conditions, You are really helping other victims as well who are struck in foreign countries hit with false 498a. Now NRI's will have courage to visit India with AB and come back without any problems.

Please post the mumbai judgement of releasing of passport here for the benefit of other victims.


Tue Feb 05, 2013 4:51 am
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Joined: Tue Dec 11, 2012 6:47 am
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Location: UK
Sorry Bro,
It was a hard copy which my lawyer got from court itself. I don't have it now.
I'll try to get from him n let u all knw.

Cheers!!!


Tue Feb 05, 2013 5:06 am
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Joined: Tue Jun 19, 2012 11:00 am
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hey injected,

congratulation on the prime victory in this battle. DV is generally filed for Interim maintenance. Where is your DV case at? any IO's yet?

Also, what stage is your FIR? with the relaxation of bail orders and passport release, how are you required to fulfil the general condition of attending investigation when and where required? would you be travelling to india everytime you are required for investigation and what is the process involved for the same? Is police required to send you writte notice if the require you for further investigation or can you do the same using phone?

I know many question but surely will help others in deciding whether its worth it..!

Regards

Gav


Tue Feb 05, 2013 7:05 am
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Joined: Fri Jul 08, 2011 6:49 am
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Congratulations Bro.

Thanks for the post in details. You have already won 75% of the battle. Now the oppsite party will be in deep s**t, make sure they learn the lesson.


Tue Feb 05, 2013 7:43 am
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Joined: Tue Aug 14, 2012 9:04 am
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@498injected

Congratulations bro...... U have literaly broken the concept when FIR is registered against a NRI he should not come to India till he obtains bail....


Tue Feb 05, 2013 10:44 am
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Joined: Tue Dec 11, 2012 6:47 am
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Hi 498406420victim, I will reply to you in detail by tonight.

SAI68 - Yes, they are trying numerous way for compromises now.

against498a - Thanks man, you did helped me wen i was in India by replying to my posts, thanks a lot bro!!


Tue Feb 05, 2013 12:12 pm
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Joined: Fri Sep 23, 2011 1:36 pm
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@498injected

I am glad for you but remember battle is NOT YET won completely.

You were lucky that there wasn't any LOC against you/your passport.

If there was a LOC (Look out circular), police would have arrested you on the Indian airport/ Port of Entry itself.

Other victims should take a note that its a big stupidity of entering India without AB.


Tue Feb 05, 2013 4:56 pm
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against498a wrote:
@498injected

Congratulations bro...... U have literaly broken the concept when FIR is registered against a NRI he should not come to India till he obtains bail....


Check for LOC my friend and if it exists, accused would be arrested on Airport as soon as he lands....


Tue Feb 05, 2013 4:58 pm
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Joined: Tue Dec 11, 2012 6:47 am
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Location: UK
Hi satyameva_jayate,
As i said, all stories are different and we have to dig all posts and pick the one which suits you.
If FIR is filed long back and you have not visited for long, then do not land without AB it will be surely stupidity as you said.
In my case, i landed within month the FIR was registered. CS is still pending.
And i consider myself lucky to return back to work within month. At one point of time i also thought am stuck as our country is very unpredictable, but thanks to God.
About the battle, Yes it is not over yet. Opposite party is plotting something new now.

Pray for the best.

Cheers!!!


Wed Feb 06, 2013 4:54 am
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Joined: Tue Jun 19, 2012 11:00 am
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injected,

i am still awaiting your reply on my query.? Ofcourse , since you have surrendered to the indian judiciary you will be implicated in other maters that you must address in due course. However, the benefit i can see is that you have taken a step to show the judiciary that you are not running away but co-operating...

keep all us updated so we can make our decisions accordingly.

regards


Wed Feb 06, 2013 11:16 am
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Hi 498406420victim,
Sorry from replying late bro.

congratulation on the prime victory in this battle. DV is generally filed for Interim maintenance. Where is your DV case at? any IO's yet?

P U N E, No IO's yet.

Also, what stage is your FIR? with the relaxation of bail orders and passport release, how are you required to fulfil the general condition of attending investigation when and where required? would you be travelling to india everytime you are required for investigation and what is the process involved for the same? Is police required to send you writte notice if the require you for further investigation or can you do the same using phone?

My CS is still pending. After getting bail, i have visited my IO 2 - 3 times and told him my part of story and handed over few relevant docs. Investigation part is over from IO, i took the copy of my statement as well from the PS. What more investigation is required? So In my order there is nothing mentioned about me coming to India if required. Order says I just have to deposit Ruppes Fifty K with court, give my overseas phone and address details to PS, give flight details to PS when am leaving and just F*** off.

Other NRI fighters, please dont misunderstand me that am telling everyone to go to India n fight. This is just my part of the story which i thought of sharing, if it helps any1. But you are judge of yourself n you should play your cards well based on your situations and using stratergies gained from this forum by reading different posts.

Cheers!!!


Wed Feb 06, 2013 2:18 pm
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Joined: Tue Jun 19, 2012 11:00 am
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Injected,

Thanks for posting above. Well i have to say if no conditions present to attend police station when and where required as you mentioned then you will be sailing alrighttt..... I have to say thats pure luck and your lawyer seems to be quite smart and clever.

All the best and keep us posted bro.


Wed Feb 06, 2013 9:15 pm
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Joined: Sun Feb 21, 2010 10:06 am
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I am an nri sister myself.My fir (only my name)has been quashed but i have a fear of going back to india to the same city..What if I am roped again in some false case with false documents and bribing police and all...plz is there any suggestions,..


Fri Feb 08, 2013 3:23 am
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Joined: Tue Jun 19, 2012 11:00 am
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Seema ji,

If your FIR is quashed then there should be no problems at all. We dont really know the contents of the case and on what grounds the FIR was quashed but make sure you have a copy of the orders before to travel to india.

Always keep a copy of your passport with you aswell. Just in case.

Congratulations, you are a free bird now. I must also add that since the FIR against you is quashed, Counsult your lawyer and find out if there are any grounds to file counter cases on your brothers inlaws and wife such as defemation etc. These will put some pressure on other side.

All the very best.


Fri Aug 16, 2013 11:02 pm
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Joined: Thu Jan 24, 2013 4:59 pm
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can somebody suggest good lawyer in pune for DV case ?


Sun Jun 08, 2014 7:35 pm
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Joined: Sat Sep 27, 2014 1:32 am
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Hi - I am stuck in a similar situation. Unfortunately I am not able to see the complete steps and process from bail to removal of passport conditions mentioned above. Could you please post those or point to the exact link I can check? Thanks in advance. Suresh. M


Thu Oct 02, 2014 10:23 am
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Joined: Tue Nov 06, 2012 10:59 am
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you can post your thread and you will be advised as needed.


Thu Oct 02, 2014 1:35 pm
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Joined: Sat Sep 27, 2014 1:32 am
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.I am removing this for now considering the tracking.


Last edited by sureindia on Wed Feb 25, 2015 4:29 pm, edited 1 time in total.



Fri Feb 20, 2015 6:03 am
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Joined: Fri Feb 21, 2014 7:12 pm
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498ainjected bhai,

Congratulations. I wanted to know for how long were you in India.

Further, since I am an NRI myself and currently going to under go 2nd motion. Based on my personal experience, I wish to inform the fellow NRIs something regarding PP, bail etc..........

1) One must immediately visit India within 1 month of learning that the FIR is done. Reason being that non cooperation in Investigation goes against you and is a strong ground for rejection of bail for fear of leaving India and not returning back.



2) One may apply for bail once the FIR is done but not wait long and join the investigations to avoid LOC and NBW being issued. In your bail application submit records that you have attended the investigation and visited the local police station.

3) Incase you dont land up in India and Once NBW is issued, LOC too would be there and issuing LOC or NBW is not very difficult and then one lands in trouble.

5) The Notice of arrest can also be served to you through the Indian embassy through MOEA.

4) Once the LOC or NBW is issued, the IO will keep opposing your bail. So it is important to get the IO on your side with Vit M also if required.

5) Through the MOEA, the concerned embassy can be informed and your NBW can be sent. The embassy is guided under directions from MOEA and can have you deported from the concerned country with the help of local police unless you are a citizen of that country.

Geeting the IO on your side by whatever means is the main trick here in case you wish to go back peacefully.


Mon Feb 23, 2015 4:00 pm
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Joined: Mon Jul 14, 2014 3:39 am
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patiparmeshwar wrote:
Through the MOEA, the concerned embassy can be informed and your NBW can be sent. The embassy is guided under directions from MOEA and can have you deported from the concerned country with the help of local police unless you are a citizen of that country.


Patiparmeshwar, do not misguide people. Above statement is not true. Most NRIs who use this forum live in countries more democratic than India. Dowry laws r not recognised in the first-world countries. So why would an NRI be deported? Please give an example. The India embassy can refuse to renew ur passport at the most. I know ur story: u r from a Muslim country: they probably do not even let u own property over there. Let alone giving u guys ur rights.

Also u said that we should suck up to the IO. I totally disagree. Don't be rude to the IO but there is not need to suck up to the IO unless u can afford to. The Supreme Court has set them straight. We just need to keep them on their toes so that they follow the SC's guidelines. The IO or the Public Prosecutor can oppose the bail all they want, they cannot ultimately stop what is coming to u. Even if the anticipatory bail is rejected, SO WHAT? The worst is a few days in jail. SO WHAT?????? Some of us know that without sacrifice, u cannot achieve anything worth achieving. Self respect is something worth achieving.


Wed Feb 25, 2015 12:10 pm
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Well NRIs are technically not Indian citizens so they would be protetcted by rules of host countries. What about temporary citizenss on work permits, H1B visas ? I am not sure about them.

Technically people can be deported from foreign countries. But I don't think it is that easy. If wheels of justice in this country would have moved so smoothly, we wouldn't have been in this mess. For MEA to go after a 498a victim and invlove local police and judicial system ! wow !

I agree with Mahesh76 that sucking up with IO seldom helps. They would pretend to cooperate and then in the end write reports they want to. After all the other side would have bribed them to !! But yes, I dn't agree with Mahesh on the arrest part. getting arrested yourslef is ok, but arrest of parents and relatives is something which we would want to avoid at all costs. Our achilles heel !


Wed Feb 25, 2015 3:23 pm
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Joined: Tue Dec 11, 2012 6:47 am
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Location: UK
Patiparmeshwar @ I was stuck for one month.


Wed Feb 25, 2015 4:26 pm
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Joined: Mon Jul 14, 2014 3:39 am
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Hcpappu, why do u keep defending Patipermeshwar?(Even when he is wrong)

Read this to clear ur doubts about deportation or more correctly: India's inability to extradite based on these stupid women friendly laws:
http://www.lawyersclubindia.com/forum/No-Red-Corner-Notice-in-Matrimonial-Cases-8211-Hon-8217-ble-SC-24820.asp#.VO7hyPmUdLc

And Read this but skip the first lawyer’s answer; he’s the same lawyer that was hired by Patipermeshwar’s inlaws to scare him:
http://www.lawyersclubindia.com/forum/Deportation-from-abroad-63008.asp#.VO7x6_mUdLd

Do u guys have any example of an extradition due to India’s biased matrimonial laws? Please do not propagate a lie based on the threat of Patipermeshwar’s inlaws and their lawyer and the ignorant/corrupt police.

Also see here that one of our members got his Green Card and citizenship and OCI while 498a was pending:
http://www.498a.org/forum/viewtopic.php?f=11&t=14534

Also see:
http://www.498a.org/forum/viewtopic.php?t=303

If u have a valid visa, none of the matrimonial related laws will bring u back to India. At the most, someone can send ur case details to the foreign embassy and ur visa renewal may face questions or may be declined but u can fight the visa-renewal rejection and there is a good chance u will succeed; anyone whose visa-renewal is declined in a western country, can also claim a refugee status due to the fear of persecution by the home country. Indians abroad with PR can apply for citizenship if the Indian embassy is not renewing the passport. Indians abroad without PR, who may face difficulty renewing their Indian passport, can apply for PR and then citizenship. If they don’t succeed, they can claim refugee status. People get RIGHTS in the western countries. Not every NRI lives in the Persian Gulf. By the way, do u expect human rights in such countries where a hand can be chopped off for stealing? I have heard of Saudi Arabia deporting Indians for having a drink but not before they get whipped in public. For the betterment of ur coming generations and to preserve ur own life, try ur best to leave these countries, before ISIS reaches.

You will not even face problems of Indian-passport-renewal etc., if u r fighting the cases properly from the start.

Western countries r not stupid; the United States had this as their travel advisory not too long ago:
DOWRY/VISA DEMANDS: A number of U.S. citizen men who have come to India to marry Indian nationals have been arrested and charged with crimes related to dowry extraction. Many of the charges stem from the U.S. citizen's inability to provide an immigrant visa for his prospective spouse to travel immediately to the United States. The courts sometimes order the U.S. citizen to pay large sums of money to his spouse in exchange for the dismissal of charges. The courts normally confiscate the American's passport, and he must remain in India until the case has been settled. There are also cases of U.S. citizen women whose families force them against their will into marriages to Indian nationals.

Also read how to avoid a situation where ur visa renewal request may be refused due to biased laws:
http://www.murthy.com/2010/04/16/murthy-success-story-section-498a-dowry-law-problem-in-h1b-case/

Also hcpappu, my parents r tough as a nail. They’ve been through more rough times than I will ever go through. Trust me, they’ll survive a few days in jail. Especially if they know that the reason they r in jail is because their son did not bow down to anyone. If u r in a fight, u gotta learn how to absorb a punch. You can’t really call it a fight if the other party is not swinging at u. So have courage to absorb their fist and then hit the opponent back twice as hard. You can’t really call it a fight if u r not hitting ur opponent back.


Thu Feb 26, 2015 11:13 am
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haha !! not just PP, Given a chance I would defend all victims of 498a. But I guess I need to first sort out my mess !

Anyway, on a serious note, if you look at my post, I have said the opposite, that extradition is extremely rare. I have also categorically said that I am not sure about what happens to folks on temporary visa.

Coming to legal points.

First , if you look at the judgement referred at http://www.lawyersclubindia.com/forum/No-Red-Corner-Notice-in-Matrimonial-Cases-8211-Hon-8217-ble-SC-24820.asp#.VO7hyPmUdL which is http://indiankanoon.org/doc/1330899/
The supreme court refused to uphold the verdict because in its opinion it was primarily a civil case. Though an argument was made for kidnapping. Moreover, it was about execution of an arrest order made by a court in USA.

Second, there are instances when indian courts have refused to interfere in execution of RCN or impounding of passports, particularly in cases wherein the 498victim has refused to join investigation. A few examples.
http://delhicourts.nic.in/octob/Rajiv%20Tayal%20Vs.%20UOI.htm
http://delhicourts.nic.in/Aug10/SUMER%20SINGH%20SALKAN%20VS.%20ASSTT.%20DIRECTOR.pdf

But, yes I am not sure if somebody has been successfully extradited.

Third, the whole drama is whether an offence is extradible. Apart form an extradition treaty, the offence should be punsihable in both countries. Since there is no such offence as dowry harrasment in states, it is often not considered by US authorities. The interpol has a similar issue. However,other criminal offences which are part of 498a bouquet are often extradible.

Fourth, as you rightly pointed out, the defense available to an immigrant worker largely depends on the host country. You might be relatively safe in states, but might get screwed in other countries. you need to be prepared accordingly. In fact the murthy forum which you have shared, hints as much. You would need to convince the authorities that you are actively co-operating with authorities amongst other things. To be frank, I am still not sure how things would play out if I am on a temporary visa and somebody is out there to get me extradited. I am hoping that you are right and host country would protect me as it would protect one of it's own.

Moving on to non legal stuff,

I don't understand what made you take a position that I have a vested interest in defending an individual or propagating a lie. I am here to learn and save my a***. I would want to make all decisions without being uneccesary fearful or by being overconfident.

And lastly, I continue to disagree with you on the arrest part. You are right in your situation, but every situation is unique. I can be in jail or get in to a fight, but the sight of my old parents climbing those court steps or the fear of their arrest, breaks my heart.I am sure though I should be able to defend them successfully ! Anyway, the point is some might want to retreat and decide to compromise. I personally am not inclined, but understand their decision. I believe that such people should not be taunted or stigmatised in this forum.


Thu Feb 26, 2015 3:47 pm
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Joined: Fri Feb 21, 2014 7:12 pm
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Dear Mahesh76...........


Quote:
And Read this but skip the first lawyer’s answer; he’s the same lawyer that was hired by Patipermeshwar’s inlaws to scare him:
http://www.lawyersclubindia.com/forum/Deportation-from-abroad-63008.asp#.VO7x6_mUdLd


Please dont talk bullshit !!.....

You always go off the track dont you.......!!! going to jail so what ? We have to sacrifice so what ??...

You are taking extracts from websites which dont guarantee any authenticity ....

check this website http://spuwac.com/procedure-adopted-by-spuwc-in-handling-nri-cases/

This is official govt of India website "Special police Unit for women and children".......If you are required for the investigation u will be brought by whichever way !! Read below !!

On receipt of such complaint, a request letter having gist of complaint will be sent to the respondent through e-mail in concerned country to join the counseling and mediation proceedings/sessions. As stated above, either he himself or any other person on his behalf (with his written authorization) can join these proceedings subject to it is acceptable the either party.

If despite such communication, the respondent does not join the counseling/mediation proceedings knowingly or does not respond on three occasions, and other co- accused persons also do not join aforesaid sessions, the E.O. will prepare the final report for registration of F.I.R. against the alleged persons with the concurrence of the complainant and get it approved by the DCP/Addl. DCP/SPUW&C.

After obtaining such approval, the final report (FR) alongwith relevant documents will be sent to P.S. CWC, Nanakpura for taking pursuant action.

There I.O. will further make assiduous efforts to resolve the dispute amicably. If his efforts also do not yield any prolific result, the FIR will be registered at PS CWC, NanakPura immediately & a copy thereof will be given to the complainant free of cost. If the respondent also calls for a copy of FIR, it will be provided to him as per the procedure envisaged in SO/ circular No. 4/2011.

I.O. will record the statement of witnesses during investigation u/s 161 Cr.P.C conscientiously, collect the material evidences such as bills of “Istirdhan”, source of income, previous police reports/complaint, MLCs etc. by giving a notice u/s 91 Cr.P.C. to the victim/authorized person, conduct local enquiry and interrogate all the available alleged accused persons other than residing abroad and recover the “Istridhan” at the instance of the complainant by conducting raids/search(s) as envisaged in section 93,100,101,165 and 166 of Cr.P.C..

In case of all the accused Person(s) are residing abroad, they will be called thrice through e-mail for joining investigation. If such accused person(s) does/do not join investigation or I.O. has reason to believe that the alleged accused person(s) is/are not joining investigation knowingly, the I.O. will make an application in the concerned court in black and white that the attendance of alleged accused person(s) who is residing at the given address in a contracting State is required in connection with such investigation, and request to issue a summon against the respondent u/s 105B Cr.P.C. for which at least 14 weeks time for service of summon will be sought. The concerned court after satisfying itself, shall issue such summon in duplicate, against the said person(s) to such Court/Judge/Magistrate, in such form as the Central Govt.may by notification, specify in this behalf to cause the same to be served.

On receipt of such summon, the I.O. will immediately furnish relevant information on prescribed format (format enclosed), approach C&T Branch, PHQ and get a letter issued in the name of Deputy Secretary (Home), GNCT of territory of Delhi requesting therein for service of such summons on the fugitive accused in the contracting State.
If despite the service of summon accused does not co-operate in the investigation, or the reply of the proceedings u/s 105B Cr.P.C. is not received or the whereabouts of the alleged accused persons could not be known (in India and abroad), I.O. will move for opening Look-Out Circular (LOC) against him/her/ them with the prior approval of the DCP/Addl.DCP SPUW&C and following other directions of the Govt. of India on this subject. If DCP/Addl. DCP-SPUW&C is pleased to accord such approval, a letter will be sent to FRROs at all International Airports/sea ports in India for opening LOC under the signature of above authorities for a period of one year. If the period is required to be further extended, the FRROs will be requested separately in writing accordingly by the DCP/Addl. DCP/SPUWC.
If in pursuant of LOC, the alleged accused is traced out or detained at any immigration check point in India, the concerned officer of immigration informs about it to the authority/SHO who got the LOC opened. In turn, the authority that got the LOC opened will send the concerned I.O./officer there for taking pursuant action in accordance with law of the land. The immigration staff will make the arrangements for the detention of such accused as per law, including in judicial custody, until the concerned investigating team arrives there. The accused will be dealt with as per procedure envisaged in Section 41(b) (i) (ii) & 41 A Cr.P.C.
If after the service of notice u/s 105 (B) Cr.P.C, accused does not join investigation, in order to compel such accused person(s) to join investigation in India, I.O. will request the concerned court to issue non-bailable warrant of arrest against him/them u/s 105-B Cr.P.C. in the same manner as described in previous para. Such warrant along with a requisition for the surrender of accused of the case will be sent to Ministry of External Affairs (M.E.A.) with the prior approval of the DCP/Addl DCP/SPUW&C along with details of accusation and other relevant information on the prescribed Performa for sending it to the Embassy of concerned foreign State or country at New Delhi or to the Govt. of that State or country through the diplomatic representative of India in that State. If in pursuant to such NBW the accused is apprehended by the police of the contracting State and produced in the court there and such court transfers him/them to India, he/they will be deported to this country. He/they will be detained at the concerned Airport and information will be sent to this unit for taking the pursuant action against the accused. But the court/Police in India shall ensure that conditions subjected to which the accused is transferred to India are complied with.

There are a lot of people in this forum who guide NRI's wrongly that even if one received email, it has no meaning as notice has to be served personally to you which is wrong !!!......

The bottom line is that a lot of NRIs land up in a mess coz they dont attend investigation out of fear and try to delay and follow lawyer's advise and of people like Mahesh76.....that is when the shit starts !!


Thu Feb 26, 2015 9:18 pm
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Joined: Mon Jul 14, 2014 3:39 am
Posts: 382
Patipermeshwar, why r u still trying to make true ur inlaws's baselesss threats?

GIVE ME AN EXAMPLE OF SOMEONE DEPORTED DUE TO THESE WOMEN FRIENDLY LAWS.

Inlaws like ur's, and their lawyers, and the Indian law have tried but no fruit.

Stop spreading false information.

We know u paid huge for MCD. If u did not have any fight in u, then at least, try not to justify ur cowardliness by exaggerating the size of the enemy's army and strength. In these false-cases, the enemy comes to the war zone with a mindset that cowards like u will not fight; trust me, the enemy does not have a long-term war strategy in mind. It makes me grind my teeth that girlish men like u bow down to some smiling lawyer and the cursing inlaws.


Fri Feb 27, 2015 12:27 am
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Joined: Mon Jul 14, 2014 3:39 am
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498injected, why did u delete ur original post? And why do u want people to contact u in PM? Brother, let go of the greed. Try not to make money everywhere. Spread ur knowledge free of charge.(If u have any) People will still contact u and pay u because most people r incapable of following instructions or appearing in-person.

And pls do not tell me that the reason for ur secrecy is that u do not want the feminists to find out about ur tactics. If the feminists really want to find out, they will PM u. This forum is filled with free knowledge written in open by other members. Pls follow their example.


Fri Feb 27, 2015 12:56 am
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Joined: Tue Sep 06, 2011 11:17 am
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Leaving the aspect of being deported etc., one has to choose between two things:

1) come to India on AB, take court permission and go back; keep filing crpc 317 petitions on case date; appear every third time; in meantime can apply for exemption from personal appearance to trial court; if rejected, approach dist. court and HC. it would mostly be given with a security deposit to be made, which can be done.

in this way u can avoid the NBW, LOC and the problems in getting back passport after NBW and LOC. only thing is u have to stay for 3 to 6 months here to complete the process as above.

2) if u do not want to come, let the case drag on; but when u ultimately decide to come it would be a case of not being able to go back as matters would have got worse by that time with NBW, LOC, proclaimed offender, and passport impound.

the first option is suggested; courts are willing to permit travel to those who co-operate with the Law. of course it again depends on how good ur lawyer is and how much the opp. party wants to stall u.


Tue Mar 24, 2015 3:36 pm
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Joined: Wed Oct 23, 2013 10:27 am
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This man "patiparmeshwar" is nonsense and far from reality. When you are in foreign country than laws for that country applies on you. Best example is Lalit Modi. He is talking absolutely nonsense and rubbish and misguiding people.


Mon Dec 07, 2015 12:55 pm
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