Red Corner notice can be cancelled by trial court: Delhi HC

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"Look-out circular can be withdrawn by the authority that
issued and can also be rescinded by the trial court where case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.

PTI



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

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