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Manoj Rao   01 October 2019

Recall of NBW

my wife has filled a criminal case and harassing me under section 498A and harassing me of dier consequences. Meanwhile I also have not attended the court due to my work load since 2years the stage is showing as NBW . I request guidance from experts how to deal the present situation please help as to what action I should take to proceed with the case and to come out of it


Learning

 9 Replies

Real Soul.... (LEGAL)     01 October 2019

REPEATED QUERY;

ALREADY REPLIED

S Umesh Rao (propreitor)     02 October 2019

Mr Sohail , Mr Manoj is my Cousin and I am sorry to say sir , he his query is not repeated, it is only for the first time he has asked .

Real Soul.... (LEGAL)     02 October 2019

As already replied in previous query that you need to let your advocate to file application for recalling of NBW,as soon as possible. 

TGK REDDI   02 October 2019

I agree with the Replies.

But allow me to digress here.

There're bailable and non-bailable offences.    There're, I think, no such bailable and non-bailable warrants.

Once a warrant is issued, the court only can recall it if it has the powers.

Any Court can issue warrant but doesn't necessarily have powers to recall it.

Sessions Court, like High Court, has unfettered powers to grant bail or recall a warrant but the Courts below have limited powers.

Non-bailable offence is, in my opinion, a misnomer.   Bail can be given for any offence whatever.

But this power is not supposed to be exercised arbitrarily.

An accused has the right to obtain bail in the case of bailable offence whereas the Court has the discretion to grant bail in the case of non bailable offence.

I maintain that Cr. P. C. doesn't define nonbailable warrant though nonbailable warrants are issued most often calling them NBWs.

Even the terms anticipatory bail and private complaint are not found in the Cr. P. C. 

TGK REDDI   02 October 2019

I anticipated many condemnations for my digression.

I await them from some other members of this pro-am lawyersclubindia with points.

P. Venu (Advocate)     02 October 2019

You can get in touch with your advocate, make an application to advance the case, be present in the court when called and the court will recall warrant at its discretion. You should act fact, else the Police will arrest you and produce in the Court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 October 2019

When an accused does not attend court when his supposed/required to attend,  the court gives order to the police to bring him to the court. This is loosely referred to as NBW. An accused may not be attending either purposely or due to other reasons. If he does not attend purposely he will abscond. He will not be available at the place where he is normally expected to be. The police will have to search, arrest and bring him to the court. If the accused is not doing it purposely and is a person respected in the neighbourhood, the police may not arrest him if he agrees to present himself at the next hearing. They will leave him on his own. Only thing is that he has to present himself at the next hearing and answer questions asked by the judge.

TGK REDDI   22 October 2019

Second line in the above Reply.  the Court gives order.    The Court issues Warrant.

Nobody can give bail for the Warrant, even Sessions Court or High Court that have unfettered powers in regard to bails.

A Warrant is recalled, not given Bail.    So there's no meaning in saying, NBW or BW.

A Court which issues Warrant can only recall it.

One has to surrender.     No other go.    No bail.   It's upto the Court to, or not to, recall it.

I agree with the last three sentences of the above Reply.

These're my opinions and I welcome criticism but not jeers.

TGK REDDI   22 October 2019

For not given Bail, please read not given Bail for.


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