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Srinath   18 January 2020

Arrest warrant

Hi, I have been issued arrest warrant for 498A case. What is the procedure for recall the warrant and how much laywer take fees for recalling warrant for two people. Kindly advice Thanks


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 7 Replies

TGK REDDI   18 January 2020

If the Arrest Warrant is for the appearance before the Court, the only option for you is to surrender and obtain Bail.

A Judicial First Class Magistrate has powers to grant Bail at his discretion though the offence is non-bailable and cognizable.   You have to, either in person or through your Counsel, apply for Bail under Section 437 of The Criminal Procedure Code.

If the arrest warrant is against your absence on day of posting, it can be recalled by filing a Criminal Miscellaneous Petition.

I have not asked you to post full facts.

I trust this input will be to your satisfaction.

G.L.N. Prasad (Retired employee.)     19 January 2020

Finally, only the local advocate can only bail you out, and fees vary from one advocate to another and also depends on the seriousness of charges.  There is online 498 victims' association and they have lots of information and help those innocent victims of 498A.  Search on google.

P. Venu (Advocate)     20 January 2020

What is the reason for the 'arrest warrant" - or is it NBW?

TGK REDDI   20 January 2020

There're no such Warrants as Bailable ones and Nonbailable ones.

There're, however, bailable offences and nonbailable offences.    In bailable offences, bail is obtained as of right after completing regular procedure.     In nonbailable ones, bail is granted by the Court at its discretion.    Here also regular procedure can't be avoided.

I've written under correction.

I invite criticism; condemnation.    I dislike vulgar and indecent words.

I, in spite of being a fool, have the right to present my input.

Do Experts or, for that matter, Members have the right to insult?

Srinath   20 January 2020

The reason for warrant is not attending to the case.  The status of the case is showing as NBW pending against the accused A2 and A3.  I have recalled my warrant but did not recalled by parents NBW.  It is 498A.

P. Venu (Advocate)     20 January 2020

Obviously you are aware of the procedure as, admittedly, you have got the NBW recalled in your case. What is the problem in taking the steps in respect of the NBW against your parents?

T. Kalaiselvan, Advocate (Advocate)     28 January 2020

The court which has issued the NBW against the accused has the power to recall or cancel the NBW under the provisions of section 70(2) Cr.P.C.

Section 70(2) in The Code Of Criminal Procedure, 1973
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
 
You may file a petition under the said provisions of law along with sufficient solvency (if required) and surrender before the trial court  seeking to recall the warrant pending against you. 
Be in touch with your advocate

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