M. S. Gopala Krishna (Advocate) 22 April 2017

Qwery regarding recall petition as nbw is pending as per docket order, but appearance summons served for the next adjournment

The case is based on Factories Act, 1948, and the prosecution is pending. A1 and A2 are booked under Sec 92 of Factories Act. Accused have appeared in the first instance and later the case was transferred to another court. Recently accused got summons from the inspector of factories to appear before the magistrate court, but when i checked the court record, docket order shows NBW against the accused. I can file recall on the date of hearing, but is any other remedial is there without filing recall, as summons have been served for the appearance. Kindly Advise

Reply Follow

3 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 22 April 2017

Sir you may check case papers of said court and submit application for cancellation of warrant mentioning proper reasons for your absenct on last dt.enclose medical certificate if sick on said dt.also if required submit bail application and submit suretyas per order of court

P. Venu (Advocate) 23 April 2017

"Recently accused got summons from the inspector of factories to appear before the magistrate court"
Please check the facts. It could be that you are mistaken or misinformed.

T. Kalaiselvan, Advocate (Advocate) 09 May 2017

If the court records show that there is a NBW pending agaisnt you, then you may have to file a petition under section 70(2) cr.p.c. to recall the warrant. Dont worry about the summons etc,., you have to do what is directed by the court, after recalling the NBW, you may continue to appear before court for the trial proceedings.