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Q. QUERY REGARDING SUMMONS,LOC ISSUED AGAINST MY SON,SUMMONS SERVED

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Anonymous

posted 9 months ago

Q.QUERY REGARDING SUMMONS,LOC ISSUED AGAINST MY SON,SUMMONS SERVED
My son stays in US, my daughter in law filed 498a,506 cases in lower court and LOC was issued against my son, My son was served with the summons, when does my son need to attend the court in person and how long can lawyer attend on his behalf. What are the issues associated with LOC?

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ARPIT BATRA

Experience: 11 Year(s)

Responded 8 months ago

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A. ) LOC is quite a serious matter and requires an expert to deal with the same. If it is in Delhi or Mumbai, you can contact me directly for the same.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 8 months ago

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A. ) Dear Client,
Please have a look
Procedure adopted by SPUW&C in handling NRI Cases. PDF Print Email
Section 105 of Cr.P.C. speaks of reciprocal arrangements to be made by the Central Government with the foreign government with regard to the service of summons/warrants/judicial processes in criminal matters. The ministry of Home Affairs has entered into Mutual Legal Assistance Treaty/Agreement with 22 countries which provides for serving of documents. These countries are Switzerland, Turkey, United Kingdom, Canada, Kazakistan, UAE, Russia, Uzbekistan, Tajikistan, Ukraine, Mongolia, Thailand, France, Behrain, South Korea, USA, Singapore, South Africa, Mauritius, Belarus, Spain and Kuwait. In other cases the Ministry makes a request on the basis of the assurance of reciprocity to the concerned foreign Government through our Mission/Embassy. The difference between the two categories of the countries is that the country having MLAT has obligation to consider serving the documents whereas the non-MLAT countries does not have any obligation to consider such a request.

If a complaint regarding harassment or dowry demand by the husband, in-laws and his relative is received at SPUW&C from the victim living abroad or in India or any of the respondents residing abroad, the parents or any other person of the victim/respondent duly having the written authorization letter signed by the victim/respondent, can pursue the said complaint in this cell on their behalf. Jurisdiction of the crime shall be decided in accordance with the section from 177 to 189 Cr.P.C
Shanti Ranjan Behera
Advocate

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 9 months ago

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A. ) Dear Sir,
Prior to attending see possibility of getting stay order by approaching High Court and seek quashing of charge sheet or get file discharge application after appearance of your son and getting bail.

For full procedure contact me on mobile through Vidhikarya.

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