Cancellation of warrant in absence of accused

What? How is that possible. Why did the magistrate not declare him a P.O? OR why he did not resend the warrant?

Hi,

You have not stated why the accused could not appear before the court.

is there is any reasonable ground?

well,

if the accused is medically unfit and is bed ridden and could not be brought before the court, you can certainly take ur chances by producing medical certificate along with your application for cancellation for warrant.

but, in normal circumstances you may not do so.

thanks

regards

Adv.Vijay Patait

Nagpur(MS)

A.R of the accused should be present in case of medical unfitness.

Yes in case of private complaint when the complainant withdraws his/her complaint, the warrants against the accused are automatically cancelled.

What about Non Compundable offences? Whats the Indian situation?

there is no specific provision compelling the accused to be  present while recalling/cancelling the warant under section 70 of cr.P.c.  The madras highcourt has several cse laws on this aspect.

Yes it can be done and if matter is important go to higher courts , it will also benfit others.

Supreme court is recent judgment about NBW has hasitantly accepted that there is provision of issue of non bailable warrants in the CRPC but let it to the descreation of JMFC in individual cases.

criminal appeal no= 1758 of 2011 dated 9th sep 2011 of  SC  para eleven.

 My  answer is yes.

 if the  circumstances  so  require

Mr Yadav

Place few facts on record

Is the accused on bail

warrant is for a witness/or co-accused to be present

is trial going on and at what stage

WHY NOT? NBW CAN BE VERY WELL RECALLED IN THE ABSENCE OF ACCUSED. THERE IS NO STATUTORY CONDITION INSISTING THE PRESENCE OF ACCUSED FOR RECALLING THE NBW. OFCOURSE THE NBW IS ISSUED FOR SECURING THE PRESENCE OF THE ACCUSED WHEN OTHER MODES FOR THE SAME HAVE FAILED. BUT THE PRESENTATION OF APPLICATION FOR RECALLING THE NBW ITSELF IS INDICATING THAT THE ACCUSED IS WILLING TO PRESENT HIMSELF BEFORE THE COURT.

https://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvY3JpbWluYWwvMjAxMy8mZm5hbWU9V1A0NDI5MTMyNDEyMTMucGRmJnNtZmxhZz1O