Introduction

A Look Out Circular (LOC) is in the nature of administrative action, with which the Court ought not to interfere, keeping in view the settled legal position that the scope of judicial review in such cases is extremely limited. Once on the basis of the available material, it is concluded that the departure of the petitioner from the country would be prejudicial to its economic interests, thus warranting issuance of a LOC against him would be sufficient.

Sumer Singh Salkan vs Asstt. Director  & Ors., 11 August, 2010

The petitioner has sought recall of Look-out Circular (LOC) and Red Corner Notice (RCN) issued by Delhi Police and Interpol against the petitioner alleging that LOC and RCN were issued in arbitrary and malafide exercise of power by the respondent.

The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.

In the instant case, the High Court of Delhi issued certain guidelines and stated that the subject may be arrested in certain country with a view to extradite him to the country where he is wanted and following conditions are to be fulfilled:

1. The person against whom the notice is to be published has committed an offence against ordinary criminal law.
2. The offence is an “extraditable offence” under the Extradition Act, 1962.
3. A warrant of arrest has been issued for his/her arrest.
4. Extradition will be requested, at least from certain countries.

Counterclaims against false charges of 498A

A husband being falsely accused can file a countersuit depending on the facts, for instance:

• File a countersuit under Section 500 of the IPC i.e. for defamation; you can file a suit claiming that your wife is trying to malign your and your family’s reputation by putting false accusations.
• A criminal case can be filed under Section 120B of the IPC if the husband finds that his wife is criminally conspiring against him and his family members.
• If false information is given to the police by your wife then you may precede u/s 182 of the IPC. The police officer will write a complaint and will forward it to the concerned officer and criminal proceedings shall start.
• A case can be brought under Section 191 of the IPC against the wife if she is bringing false evidence on record of the court.
• Where a case is already pending against you in the court you may initiate criminal proceedings under Section 211 of the IPC that deals with ‘false charges made with intent to injure’. An application under Section 340 CrPC is to be filed before the court where the trial is going.
• A counterclaim under Section 506 of the IPC for criminal intimidation can be filed if a wife threatens her husband or his family members.

Conclusion

The object of adding Section 498A to the Penal Code is to prevent the menace of cruelty and dowry harassment but there have been many instances that have come to light where the complaints are not bonafide and have been filed with oblique motive. In such cases, the innocent man and his family have to undergo trial for no reason. Just because the provision is constitutional and intra vires do not mean that it can be used by unscrupulous persons to wreck their vendetta. Hence it is important to find out ways how to deal with bogus charges.

If you are trapped in a false Section 498A case and you are staying abroad a LOC is issued against you. Then you have to prove that there is no legal validity of the instant LOC issued against you. You can take help of the Salkan Judgment cited above. You must immediately appoint a legal expert who will assist you and guide as to how to protect yourself.