Non-bailalble warrant(nbw) in a false 498-a case
mohanlal
(Querist) 23 August 2013
This query is : Resolved
I am a victim of a false 498-A case.
The charge sheet has been submitted in the court and after 2-3 dates I, through a Ld. Counsel of HC, filed a petition in the concerned HC for ‘Quashing of the FIR and all further proceedings mandating thereform’. My Ld. Counsel appearing in the trial court also brought this into the kind notice of the trial Magistrate.
Thereafter Notice returnable was issued by the HC to the opposite parties and it was held that the interim prayers shall be considered on returnable date of notice. But the matter was not listed in the HC on the date fixed for return of notice. The Ld. Counsel appearing in the HC also did not put any effort to seek the production of the matter for interim orders even after laps of three months.
Since the Accused was very much hopeful that the Ld. Counsel of HC would do some needful and the HC would soon grant favorable interim relieves to the Accused and stay the proceedings in the trial court therefore he requested the Ld. Counsel appearing in the trial court to appear and seek exemption of the personal Appearance of the Accused.
In the meanwhile the trial court expedite d the matter (gave short dates of an around a month) and despite of the presence of the Ld. Counsel in the trial Court the trial court issued a Non-Bailalble warrant(NBW) against the Accused and as a consequence of that the accused got arrested. The Ld. Counsel appearing in the trial Court also did not inform the Accused about the issuance of NBW against him. After almost 20 days the Accused got released from the Jail.
Now the Query are:-
1. Whether despite of presence of the Ld. Counsel in the trial Court, the issuance if the NBW against the Accused by the trial court was justified?
2. Whether the said NBW can be quashed in HC as it is purported to be issued in mechanical manner?
3. Any other and further advice/suggestions or remedies for redress of the grievances of the Accused in that respect?
Nadeem Qureshi
(Expert) 24 August 2013
Dear Querist
my opinion on your queries are as under
1. Whether despite of presence of the Ld. Counsel in the trial Court, the issuance if the NBW against the Accused by the trial court was justified?
Opinion: Yes the court can issue NBW of accused in the presence of the counsel because it's depend on the court.
2. Whether the said NBW can be quashed in HC as it is purported to be issued in mechanical manner?
Opinion: yes, it can be quashed by HC after filing the petition u/s 482 of Cr.PC
3. Any other and further advice/suggestions or remedies for redress of the grievances of the Accused in that respect?
Opinion: you should ask your query may be our advise is not useful for you so ask you query. we do not know the facts of your case, how can we give our advice or suggestion to you.
