Interpretation of orders

NBW issued can not be executed, if HC has given stay on it.

But NBW can not be issued without FIR, please check, maybe there is no chargesheet, but w/o FIR, there can not be any NBW.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@Author

You have not been rightly advised by @Shonee that there could be no NBW without FIR.

For issuing NBW the court only has to find a reason and your unavailability and absence is enough reason to issue NBW against you. However this is correctly interpreted that after orders of High Court, your liberty and freedom has been secured and police cannot arrest you.

I suggest you visit the Court which ordered NBW and get clarity. Seek apology and get the points clarified on which there arose a conflict which resulted in issuance of NBW.

//peace

/Saurabh..V

Dear Saurabh/Shonee,

Wife has lodged a complaint case in Local Police station. There was no FIR or chragesheet. The husband & his family recieve NBWs from the ACJM Court stating that the accused didnot appear in earlier summons issued by the court. (Infact the summons were never served....typically a practise in routine in UP courts).

Husband doesnot know anyone in the city where wife resides and filed the case. Hence husband filed CrPC u/s 482 to quash the proceedings at Allahabad High Court where High court directed it to mediataion center & siad"no coercive measures to be taken".....

The counsel of Husband suggested that the chances of quashing 498a cases is very low. At the best he will get is referred to local trial court with instructions of Bail on Same Day. But in that case husband & other co-accused have to go to the local courts, where if they do not arrange guarantors , they will be put behind bar.

Is there any way out?? Can some personal bonds replace guarantors??Can accused & co-accused apply for exemption(sec 205) in trail courts? Can co-accused appeal for qaushing in High court separately???

Pls advise......

 Here Saurabh is correct and his take is correct qua NBW.

But NBW can not be issued without FIR, please check, maybe there is no chargesheet, but w/o FIR, there can not be any NBW.

 Mr. Shonee Kapoor is absolutely correct.  Judicial authorities,  such as magistrates, ACJM, CJM, Additional Sessions Judges and Sessions Judges cannot issue NBW from vacum and Mr. Kapoor rightly said that without FIR, courts will not issue NBW, which is coercive in nature. (In Section 200 Cr.P.C. cases, the procedure is some what different and I do not explain it as it will further confuse you). Your non-receipt of any summons does not mean summons have not been issued by the court.  Your not knowing of existence of FIR does not mean that FIR has not been registered.   

Your advocate is absolutely correct.  It is difficult to get FIR quashed under Section 482 Cr.P.C.

Now, I tell you what happened.  FIR was registered and sent to concerned court.  The court issued summons to you and returned with the remark that has been refused.  The court issued NBW.  Then, all of a sudden you came to know that NBW was issued against you and to protect yourself, you went to Allhabad H.C.  The High Court gave you only "INTERIM PROTECTION" till the next date of hearing and sent the matter to mediation.  Till the next date of hearing you will not be arrested and you are protected.  On the next date of hearing the court will find out what happened in the mediation.  If it satisfies with the progress, the interim protection will be extended.  If it comes to a conclusion that mediation cannot bring positive conclusion, the HC has got two options.  (1)  Directs you to appear before trial court and file the regular bail application and extend the protection from arrest till your appearance before the trial court. (2) Without giving such interim protection, directs you to appear before trial court (generally, the court provides interim protection to appear before trial court).  The decision to grant regular bail  or not will be left for the trial court. 

Dear Mr Chandu,

Thanks for your inputs.

But my query is , if FIR was registered then would not the Police Officer go for verification & submit his report in the court of law. Or simply FIR was registered & then escalated to ACJM??

Please advise.

If FIR is lodged, its copy has to be sent to MM and if accused is caught within 24 hours he has to be produced before magistrate. 

But in some other post, you said that your wife filed a private complaint.  Then the procedure is different.  The magistrate in private complaint takes the evidence of complainant.  Then he has two options - (1) to send the complaint to the police to register FIR, to investigate and file the report (2)  If he satisfies there is cognizable offence, he himself takes cognizance and issue summons /warrants on the accused.  If he avoids to accept it, he will issue NBW.  In your case, it appears that the judge has taken second option. 

Dear Chandu 

Thank you!

Can you advise on the proceedings of bail on same day (trail court-session court)? Also in case the accused cannot arrange guarantors (surieties) then can court allow him to submit personal bonds ( monitory value)?

Rgds

Can you advise on the proceedings of bail on same day (trail court-session court)?

In UP the bail would be heard by Trial court. Generally people get directions from Allahabad HC for bail disposal on same day. Though Bail is the descrition of the court in all circumstances. In UP, mostly it is seen, unless there is an MLC etc. all people except husband are granted bail on the same day.

Sometimes Husband i.e. Prime Accused has to spend a day ot two in Police Custody for recovery of stridhan articles.

Also in case the accused cannot arrange guarantors (surieties)

Seek help of your lawyer in this regard. Though mostly not adviseable and also it costs a lot of money, there are professional Bailees in most of the courts.

then can court allow him to submit personal bonds ( monitory value)?

No it can not replace, surities.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Shonee,

Thanks!

Basis your information, the co-accused usually gets bail on same day from the trail court, unless there is an MLC. But for husband (accused) he has to spend a day or two for recovery of streedhan. Now STREEDHAN is usually disputed by husband & wife. In that case the husband will be behind bars because wife may not accept the streedhan recovered.

Will the Police forcefully recover the streedhan when there is no clear list of streedhan, what about when the husband is in different state?The husband then remains in police custody....

2. There is no replacement of sureities. But there are likely chances that professional bailees may be engaged. Can the co-accused pray for bail in trail court , even when the proceedings have been put on stay at High Court??

Look forward to your responses....

Will the Police forcefully recover the streedhan when there is no clear list of streedhan, what about when the husband is in different state?The husband then remains in police custody....

The Police asks for Police Custody for recovery, They take the accused to the place where wife alleges that Streedhan might be kept. Most of the time there is no recovery of jewellary, whereas sometimes complainant puts her claim on diffirent articles, which are then taken by police in its custody to be released later on court orders.

2. There is no replacement of sureities. But there are likely chances that professional bailees may be engaged. Can the co-accused pray for bail in trail court , even when the proceedings have been put on stay at High Court??

Not during stay.

Look forward to your responses....