Warrant in 498a trial

Arjun Mohite (Querist) 13 December 2014 This query is : Resolved
Dear Sirs,

I am one of the accused in 498A case along with my family. I could not attend the last date of 498A case. The court has issued warrant against us.

Kindly advise:

1) How to cancel the warrant
2) Do all the accused need to be present in court for cancelling the warrant.

Thanks

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Guest (Expert) 13 December 2014
If the Warrant is exclusively for you alone others are not required to be present.Check with the Concerned Court's Bench Clerk and Proceed with the help of Good Advocate Locally.

Devajyoti Barman (Expert) 13 December 2014
Attend the case and file bail petition on the coming date. W/A would be recalled for sure. Nothing to worry.

Rajendra K Goyal (Expert) 14 December 2014
Attend the court on date and prey for bail. All against whom warrant issued should appear and get bail.

Adv Vikramsinh Mohite (Expert) 14 December 2014
We are already on bail. Do we still need to apply for bail. Can't just one accused apply for cancellation of warrant of all?

Devajyoti Barman (Expert) 14 December 2014
IF WARRANT IS ISSUED THEN AGAIN HE WILL HAVE TO APPLY FOR BAIL SO WARRANT CAN BE RECALLED.
Only those person apply for bail in whose name the W/A is issued.

ROHIT SHARMA (Expert) 14 December 2014
1. Each of the accused must have received such warrant. Hence each of them and all together can appear before the court instead before the police as soon as possible and give an application for cancellation of warrant. One advocate can represent all of them and have such legal formalities done and get the warrant cancelled and the bail freedom is allowed.

T. Kalaiselvan, Advocate (Expert) 16 December 2014
If all the accused are already on bail and warrant has been issued on one accused or on all those who did not attend the court on that particular date of hearing, with the help of your advocate file a petition u/s 70(2) cr.p.c. for recalling the warrant against whom it has been issued, all those who have been issued with warrant have to surrender before the court while recall petition is filed and to oblige the court with sufficient sureties as ordered by court against the recall of warrant.

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