Procedure for recall of nbw in sec 500 case
shahid hussain
(Querist) 30 December 2015
This query is : Resolved
Hi
This forum has been a great help to me from long time.First of all i am very much thankful to all lawyers.
In a case u/s 500(defamation) the complainant managed to get summons returned with refusal.
Therefore the court issued NBW against accused. with the help of some lawyer friend the accused came to know about NBW. The accused immediately filed for recall NBW but the honorable judge returned the recall saying to issue notice to complainant.The problem is he is not staying at home during day time, coming only at late night and keeping house locked.Also forcing the court staff to send NBW to concerned Police station immediately. Kindly suggest what to do.
Thank you.
Devajyoti Barman
(Expert) 30 December 2015
Nothing to worry. Thea accused can apply for bail after giving notice to the complainant Since it is summons case and bailable offence the bail would be granted in routine manner. I am surprised to find the judge to insist on giving notice to the complainant as on any date on surrender the bail can be granted or NBW can be recalled.
P. Venu
(Expert) 31 December 2015
In my considered opinion, a better option would have been ignore the alleged manipulations of the complainant in serving the summons. Instead, the accused could have filed the advance petition and obtained the bail.
Advocate. Arunagiri
(Expert) 31 December 2015
For the advance hearing you have to give notice to the otherside always.
If the complainant refuses to accept the notice, Pray the court to send the notice through police.
Rajendra K Goyal
(Expert) 05 January 2016
Agree with the expert Advocate. Arunagiri.
