Nbw

This query is : Resolved 
 

(Querist)
07 October 2019

DEAR MEMBERS
IS AN ORDER OF NBW IS INTERLOCUTERY ORDER.HOW
IS REVISION MAINTANABLE AGAINST CANCELLATION OF NBW IN THE ABSENCE OF ACCUSED?
PLZ REPLY WITH RELEVANT CITATIONS


P. Venu (Expert)
08 October 2019

What is the circumstances under which the NBW has been issued?

mohamed haseeb ahmed (Querist)
08 October 2019

nbw was ordered against accused no 1 who is my ex wife on the ground that no application for exemption was filed.
Same day nbw cancelled in the absence of accused by citing false reason. i filed a revision stating that the jmfc did not call for say from complainant before cancelling nbw on seeing that accused is alady.I satisfied the session court the grounds of reason but he said the nbw is interlocutory so he has no jurisdiction to allow the revision.the complaint is lodged u/s 200 crpc &504,34 IPC.the accused has been released on surety of 5000 rs much before instead of regular bail.on earlier dates she remained absent and filed 3 exemptions but not on that particular date.PLZ ADVISE

P. Venu (Expert)
08 October 2019

The facts posted are inchoate and less than convincing.

Dr J C Vashista (Expert)
09 October 2019

Vague and unbelievable facts.
What is the opinion and advise of your lawyer?

mohamed haseeb ahmed (Querist)
09 October 2019

SIR THE FACTS ARE TRUE..THE SEESION JUDGE AGREED UPON THE GROUNDS OF REVISION BUT HE SAID THAT NBW IS AN INTERLOCUTORY ORDER HENCE HE HAS NO POWERS VESTED U/S397 CRPC.I FILED REVISION PETITION CHALLENGING THE ORDER OF CANCELLING NBW IN THE ABSENCE OF ACCUSED WHICH IS AN ARBITRARY ACT OF JMFC .THE SESSSIONS JUDGE HAS GIVEN 1 DATE SO AS TO PROVE THAT NBW IS NOT A INTERLOCUTORY ORDER AND CAN BE REVISIONED UNDER 397C RPC.PLZ ADVISE.IF I SUBMIT ANY CASELAW STATING NBW IS NOT INTERLOCUTORY ORDER THEN MY REVISION WILL BE ALLOWED

Hemant Agarwal (Expert)
09 October 2019

1. Granting Bail to accused is at the SOLE discretion of the Court, and the Complainant /Witness, has no ground to intervene /oppose the Bail.

2. SC has held that Accused person has an inherent legal right to Bail, in deserving cases.

3. Hence your objections via any application, is unfounded & without jurisdiction.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

mohamed haseeb ahmed (Querist)
09 October 2019

HEMANT SIR ,WITH REGARDS U8 HAVE NOT UNDERSTOOD MY QUERY.I ASKED WHETHER AN ORDER OF NBW IS INTERLOCUTORY ORDER..MBW WAS ORDERED AGAINST ACCUSED BCOS OF NO APPLICATION OF DISPENCE TO APPEARANCE WAS FILED FROM THE ACCUSED SIDE.SUDDENLY ADVOCATE OF ACCUSED FILED APPLICATION FOR CANCELLATION OF BAIL IN THE ABSENCE OF ACCUSED WHICH WAS ARBITRARY ACT OF JMFC.I CHALLENGED THE CANCELLATION ORDER IN SESSION COURT BUT THE SESSION JUDGE SAYS NBW IS INTERLOCUTORY ORDER FOR WHICH HE HAS NO POWERS FOR REVISION U/S 397 RPC.SO WHETHER NBW IS INTERLOCUTORY ORDER OR NOT.SOME CASELAWS NEEDED.IF NBW IS NOT A INTERLOCUTORY ORDER THEN MY REVISION PETITION WILL BE ALLOWED.PLZ ADVISE

Hemant Agarwal (Expert)
09 October 2019

In the described events, I have not understood your query.
Are for the Accused or for the Complainant ?
IF you are for the Complainant, THEN my earlier suggestion is legally valid enough and you have no jurisdiction to challenge cancellation of NBW of Accused.

P. Venu (Expert)
09 October 2019

In the instant case, the action of the Magistrate in recalling the warrant is interlocutory. In my understanding, it would be in your interest that trial is conducted expeditiously than misled by incidental aspects.

mohamed haseeb ahmed (Querist)
09 October 2019

ACTUALLY THE SESSION JUDGE IS STUCK UP ON ONLY ONE POINT,WHETHER ORDER OF NBW IS AN INTERLOCUTORY ORDER OR NOT.IF NBW IS INTERLOCUTORY THEN HE WILL NOT ALLOW MY REVISION.AND IF NBW IS NOT AN INTERLOCUTORY ORDER THEN HE WILL ALLOW MY REVISION PETITION,SO THE NEEDLE IS STUCK UP ON ONLY ONE POINT.NBW INTERLOCUTORY ORDER OR NOT .PLZ ADVISE WITH REF:TO CASELAWS

Dr J C Vashista (Expert)
10 October 2019

Cancellation of NBW is undoubtedly and discretionary interlocutory order passed by Ld. JMFC and upheld by the Sessions Court.
You have tried to confuse the Sessions Judge as well as experts on this platform, which is misconcieved.

mohamed haseeb ahmed (Querist)
10 October 2019

I HAVE NOT CONFUSED MEMBERS OF THIS FORUM.FROM THE VERY FIRST DAY I WAS ASKING WHETHR NBW IS INTERLOCUTOERY ORDER OR NOT



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