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SRINIVAS KOTAMMRRI (SERVICE)     30 April 2024

Issuing nbw when petition u/s 205 is pending

One year back I have  filed petition U/s 205 Cr.PC for dispense of attendance  for one of my client aged about 81 years on medical grounds and the same is pending before the trial court. Since petition U/s 205 is pending before the court for every adjournment I am filing absent petition.

In the last adjournment the trial court judge ordered all the accused  to personally appear before the court, otherwise he will issue NBW.

My question is whether the trial court judge can issue NBW when petition U/s 205 is pending before the court.

Please clarify

SRINIVAS

 

 

 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     30 April 2024

There is no legal infirmity to issue orders for NBW to the accused if not appeared before court despite an order for appearance has already been made.

The pendency of petiition to dispense with the personal appearance is not an excuse for the accused to be absent.

You can file a petition under section 70(2) cr.p.c. to recall the NBW  by getting the accused surrendered before court for this purpose


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