Red Corner notice can be cancelled by trial court: Delhi HC
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Last Updated: Wednesday, August 11, 2010, 23:50
New Delhi: The Delhi High Court on Wednesday said a look-out circular and Red Corner Notice issued by investigating agencies or Interpol against any person, accused of any offence, can be cancelled by Metropolitan Magistrate court.

"Look-out circular can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned," said Justice Shiv Narayan Dhingra in a judgment.

The court passed the order following a referral made by the Magistrate seeking the High Court's advise that if the lower court has the power to cancel the look-out circular and Red Corner Notice.

In a petition filed by Sumer Singh Salkan, a Canadian national of Indian origin, sought cancellation of look-out circular and Red Corner Notice against him from the Magistrate's court before which a matrimonial dispute case, filed by his wife, has been pending.

In the petition, Salkan said he had come from Canada to get married with Reema in India in 2002. Both of them had shifted to Canada but due to differences between them, the wife returned to India in 2003.

She had registered an FIR against him and his family members and also filed various cases in lower courts which had issued non-bailable warrant against him as he had failed to appear before the court, Salkan said adding his other family members have obtained bail from the court as they were in Delhi.

Later, the Delhi police and Interpol had issued look-out circular and Red Corner Notice against him through Foreigners Regional Registration Office (FRRO), he said in the petition.

Contending that look-out notice and Red Corner Notice were issued against him arbitrarily, Salkan said he was projected by the investigating agency as if he was a dreaded criminal residing abroad and avoiding arrest here.


First Published: Wednesday, August 11, 2010, 23:50

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