What is best way to for NRI to depart India without hurdle

782 votes

Contact vijay mallya. These days he is available through raj Shamani. And also you can take permission from the court to travel. The law stands today on the foundation of Maneka Gandhi v. Union of India (1978) case. For Further information on applications feel free to contact me.

Advocate Amardeep Singh LawRato

901 votes

Hi there, if the criminal complaint has been filed then leaving India will be a little complex task. However, based on the actual complaint that has been filed a way can be devised for you to leave India safely. Take a note of it, full clearance will be provided only upon closure of investigation or through filing petition in court. It's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato

685 votes

The most reliable and secure course is either to obtain written confirmation from the Police regarding withdrawal of the Look Out Circular (LOC) or to have the LOC formally quashed by the competent jurisdictional Court/High Court. Any oral assurance carries no legal sanctity. Removal of an LOC involves multiple administrative clearances at different levels and ordinarily requires time and continuous follow-up. Therefore, you are advised to proceed to the airport only after receiving a written confirmation of its withdrawal.

Advocate Rajal Rai Dua LawRato

893 votes

This person should verify the status before travelling. Or a permission has to be taken from Court in case there is a pending issue. In any case its important to verify the status. You have not provided the reason for harassment. Those are important facts and it's important to check the orders and status of the Criminal Complaint.

Advocate Kunal Sinha LawRato

579 votes

If a Look Out Circular (LOC) was earlier issued and the police have verbally informed that it has been lifted, it is important not to rely only on oral assurance. In practice, immigration authorities at the airport act strictly on what is reflected in their system, not on verbal statements made by the local police. The safest course of action is to obtain written confirmation that the LOC has been withdrawn. This can be done by approaching the investigating police station or the office that initiated the LOC and requesting a written communication or certified copy of the order lifting the LOC. Ideally, the withdrawal should also be communicated by the police to the Bureau of Immigration, as only then will the airport immigration system reflect the change. If a criminal complaint or FIR is pending, the NRI should consider applying before the jurisdictional court for permission to travel abroad. Courts routinely grant such permission, especially where the person has cooperated with the investigation and there is no charge sheet or where custodial interrogation is not required. A court order permitting travel is the strongest protection and is honoured by immigration authorities across airports. Before travel, it is advisable to check LOC status through a lawyer or by making a written representation to the police authorities. Some people also move a writ petition before the High Court seeking confirmation that no coercive steps, including an LOC, are in force, particularly where there is harassment or repeated stoppage despite cooperation. Changing address or relying on the fact that police said the LOC was lifted is risky. Even a single unupdated entry can result in detention at the airport. Therefore, written proof or a court order is essential to avoid last-minute harassment or denial of boarding. In short, the most legally secure method is either a written LOC withdrawal acknowledged by immigration authorities or a specific court order permitting departure. Without one of these, the risk of airport stoppage remains, even if the police have verbally stated that the LOC no longer exists.

Advocate Yuganshu Sharma LawRato

862 votes

A Look Out Circular is ordinarily issued and continued for a limited period and requires periodic review/renewal as per applicable guidelines. If the LOC has not been renewed or extended within the prescribed framework, the concerned person can move the appropriate court/authority for quashing or withdrawal of the LOC on that ground. Subject to the outcome of such challenge, the person may be permitted to travel outside India. For tailored advice and representation based on the specific facts, you may contact me for further legal assistance.

Advocate Pragati Srivastava LawRato