How do you recall the NBW in the absence of accused?

Asked by: Virgil Davis  |  Last update: July 8, 2022
Score: 4.3/5 (48 votes)

When the said warrant is so sought to be recalled, the Court will be concerned as to whether the absence of the Accused on the appointed date of hearing was willful or not. If the Court finds that his absence was not willful, it will be obligatory for the Court to recall the warrant.

What is an NBW?

Non- Bailable warrant is nothing but the warrant of arrest and a person can be sent jail after the issuance of such warrant. Issuance of such warrant is much required when the order of conviction is passed and the accused is not in custody. Balance between Personal liberty and the interest of the State.

How can I cancel a warrant in India?

Whenever the petitioner/accused files a petition U/s 70 (2) Cr. P.C for recall or cancellation of NBW, he shall file process and the court shall send a memo to the concerned SHO with a direction to return the warrant to the court.

Can warrant be Cancelled in absence of accused?

When the said warrant is so sought to be recalled, the Court will be concerned as to whether the absence of the Accused on the appointed date of hearing was willful or not. If the Court finds that his absence was not willful, it will be obligatory for the Court to recall the warrant.

How do I cancel my NBW in 138 ni?

you need to file an application for cancellation of NBW before the same court, when the Court orders for cancellation of earlier NBW it will issue an order and receipt (receipt of payment of fine if the court has ordered against cancellation of NBW).

केस में वारंट होने पर वारंट निरस्त कैसे कराएं | how can recall NBW warrant from Court | @Afzal LLB

22 related questions found

How NBW is executed?

NBW is non bailable warrant issued to arrest someone ,it is executed on arrest or when cancelled or call back by court order ,if you are outside then police will arrest or will submit waarant to your residing police station as mentioned in complaint ,still if not turned up then ,court will issue section 82 ,83 CR p c ...

What happens if NBW is not executed?

Thirdly, if the NBW is not getting served, you can try to get the accused declared as a “proclaimed offender” by following the steps detailed in the Cr. P.C. for this purpose, and for attachment of his property. Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books.

Can NBW be Cancelled?

You need to appear before the concerned court and reapply for bail. Once you get bail, immediately furnish a fresh surety as per the said order. Your NBW will definitely get cancelled and instead of paying cash surety, you have the option to furnish surety of a like amount.

Can summons be Cancelled?

Yes, the summons can be cancelled or quashed as appropriately required by law dependent on the facts of settlement and the terms and conditions determined therein between the parties. The legal procedure has to be followed for the same.

How do I cancel my NBW order?

1. file applicaton for cancellation of NBW with reason. court will consider ur reason and cancelled it. no need to file anticipatory or bail.
3. Yes, the NBW can be executed in his home address too.
  1. He has to apply for cancellation of NBW. ...
  2. Do not wait for the next date of hearing. ...
  3. Police can execute NBW at any place.

Does a summons lapse?

If summons in an action be not served within 12 months of the date of its issue or, having been served, the plaintiff has not within that time after service taken further steps in the prosecution of the action, the summons shall lapse.”

What happens if you don't show up to court?

If you do not attend court a warrant will be issued for your arrest and it is likely that the police will come looking for you at your home address, or you could be stopped on the street.

Can NBW be recalled?

NBW is issued for the first time since I did not attend the case till now. Approach 1: Submit an application to recall the NBW with proper justification. a) court will recall if satisfied with reason b) court will impose a fine and recall if not satisfied with reason. Approach 2: Request for a surety bail.

What is recall of warrant?

Court is directed to recall the warrant and the moment the warrant is recalled, the execution of the sentence passed ... convert a warrant of arrest into a Bailable Warrant. Also that, the warrant once issued is very much alive, until. Madras High Court. Cites 20 - Cited by 0 - Full Document.

What happens in non bailable offence?

In the case of a non-bailable offence the police cannot release anyone on bail and so the arrested person has to make an application for bail before a magistrate or court.

Can NBW be issued in civil cases?

NBW on the other hand does not provide any such concession and there is a mandate in such cases to arrest the person and bring him before the court. Interestingly, even the Code of Civil Procedure also does not contemplate such nomenclature, but the code sometimes has provided for the mode of situational BW or NBW.

Can proclamation be issued against witness?

Though the process under Sections 82 & 83 of the Code of Criminal Procedure, 1973 can be issued in a summons case and against a witness. But to lay a foundation for the issuance of a proclamation under Section 82 with an accompanying in the order for attachment under Section 83 Cr.

What is the procedure under section 82 and 83 of CrPC?

Under section 82 of CrPC, a court can publish a proclamation requiring the accused to appear if the warrant issued against him cannot be executed. According to section 83 of CrPC, after issuing such a proclamation, the court may also order attachment of the proclaimed offender's properties.

What happens when NBW is issued in cheque bounce case?

For the non-payment of fine the accused have to undergo simple imprisonment of 5 months separately. The Court ordered that "As the accused did not remain present before this court, a non-bailable warrant is to be issued for execution of Sentence".

How do you escape a cheque bounce case?

File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.

How do you deal with a non bailable warrant?

What to do when non bailable warrant is issued to acussed
  1. 55 votes. ...
  2. You have to file an application to Recall NBW issued against you. ...
  3. You need to attend the court and apply for the NBw recall. ...
  4. First and foremost is to see the FIR and nature of the offence primarily .

Can criminal court recall its own order?

Section 482 of the Code of Criminal Procedure, can recall the order. There is no cleavage of opinion that a court cannot recall its own order by sittin... circumstances, there can be no reason to recall the order passed by ourselves of the aforesaid date.

What is recall petition in court?

While in a review petition the Court considers on merits where there is an error apparent on the face...of the record, in a recall petition the Court does not go into the merits but simply recalls an order which was passed without giving an opportunity of hearing to an affected party....

Can bail be granted in the absence of an accused?

Accused Can Be Granted Bail After Issuance Of Non-Bailable Warrant If His Absence During Summons Was Not Willful: Andhra Pradesh High Court. The Andhra Pradesh High Court recently granted bail to an accused on whom the non-bailable warrant was issued due to his absence during issue of summons.