How to get the warrant cancelled?
YOGESH KUMAR
(Querist) 13 August 2013
This query is : Resolved
DEAR SIR,
I HAD FILED A CASE U/S 420 AGAINST THE ACCUSED, AND THE CASE WAS STATE VS ACCUSED. THE OPPOSITE PARTY COUNSEL WAS CROSS EXAMINING ME. ON D.O.H. MYSELF AND OPPOSITE PARTY COUNSEL WERE LATE BY FIVE MINUTES. OPPOSITE PARTY HAD NOT COME AT ALL. THE NEXT PERSON IN THE CAUSE LIST WAS CALLED, AND WHEN THE LIST WAS OVER, WE REQUESTED M.M. TO TAKE UP OUR CASE, HE TOLD US THAT HE HAD ISSUED WARRANTS TO BOTH THE PARTIES.
PLS SUGGEST, WHAT TO DO TO GET THE WARRANT CANCELLED.
PLS ELABORATE THE COMPLETE PROCEDURE AND PROFORMA OF THE DOCUMENTS TO BE PREPARED FOR FILING BEFORE THE COURT TO GET THE WARRANT CANCELLED. THANKS IN ADVANCE.
Adv. Chandrasekhar
(Expert) 14 August 2013
You should have filed cancellation of warrants on the day itself. Do not worry. Move an application for cancellation now and warrants will be cancelled.
YOGESH KUMAR
(Querist) 14 August 2013
DEAR SIR,
THE APPLICATION FOR CANCELLATION OF WARRANT SHOULD BE ON PLAIN PAPER OR SOME FORM IS THERE, AND DOES IT REQUIRE ANY STAMPS TO BE AFFIXED. IT WILL BE VERY NICE, IF YOU COULD SEND PROFORMA OF APPLICATION TO BE MOVED FOR CANCELLATION OF WARRANT.
THANKS IN ADVANCE.
Devajyoti Barman
(Expert) 14 August 2013
The process is very easy. On the next date attend in time and pray for bail. It would be granted in no time.
ajay sethi
(Expert) 14 August 2013
we dont provide any ready made drafts . your lawyer will do the needful .
YOGESH KUMAR
(Querist) 14 August 2013
AS MENTIONED EARLIER, THE CASE IS AGAINST STATE VS ACCUSED, AND THERE IS NO LAWYER IN MY CASE. THERE IS PUBLIC PROSECUTOR. HAD THERE BEEN ADVOCATE, I WOULD NOT HAVE COME TO THIS FORUM. IT IS INTERACTIVE FORUM FOR LAWYERS & INDIAN PUBLIC AS PER THE NAME OF THE SITE. PLS PROVIDE ME HINT / PROFORMA OF APPLICATION FOR GETTING THE WARRANT CANCELLED.
THANKS IN ADVANCE.
YOGESH KUMAR
(Querist) 14 August 2013
PROFORMA OF APPLICATION IS REQUIRED AS THERE IS NO LAWYER IN THIS CASE. PLS HELP.
adv. rajeev ( rajoo )
(Expert) 14 August 2013
you will have to file an application u/s 70(2) of Cr.P.C. to cancell the issued warrant. You better take the assistance of local advocate.
YOGESH KUMAR
(Querist) 14 August 2013
THE CASE IS AGAINST STATE VS ACCUSED, AND THERE IS NO LAWYER IN MY CASE AS I AM THE PLAINTIFF. THERE IS PUBLIC PROSECUTOR. PROFORMA OF APPLICATION IS REQUIRED FOR CANCELLATION OF WARRANT. PLS HELP.
Nadeem Qureshi
(Expert) 14 August 2013
Dear Yogesh
contact a lawyer for cancellation of your warrant or draft your self if you are able to draft. but there is no ready-made format
Devajyoti Barman
(Expert) 14 August 2013
yes contact a lawyer.
Do not insist for proforma as we on principle do not provide any proforma here.
prabhakar singh
(Expert) 14 August 2013
Defend the accusation for sure shot conviction.
Raj Kumar Makkad
(Expert) 15 August 2013
Warrants can definitely be got cancelled by the same court subject to fulfilment of the condition.
YOGESH KUMAR
(Querist) 16 August 2013
DEAR SIR,
I HAVE PREPARED DRAFT FOR CANCELLATION OF WARRANT. PLS SUGGEST IF ANY CHANGES ARE REQUIRED. ALSO LET ME KNOW, IF ANY COURT FEE STAMP HAS TO BE AFFIXED ON THIS APPLICATION.
DRAFT FOR CANCELLATION OF WARRANT:
BEFORE THE HONOURABLE METROPOLITAN MAGISTRATE
XXXXXXXXXXXXXXXX COURT, NEW DELHI.
CC No. of XXXX
XXXXXXXXXXXXXXX (COMPLAINANT)
VS.
YYYYYYYYYYYYYYYY (ACCUSED)
PETITION FILED TO RECALL WARRANT ISSUED AGAINST THE COMPLAINANT.
1. This is a petition filed by the complainant in the above numbered case for recalling the warrant issued against him.
2. That the complainant was stuck up in traffic jam on the last date of hearing, i.e. on dd/mm/yyyy, which was out of his control, and was late by just 5 (FIVE) minutes, and was present in the Court room, when the hearing of the next case after my case was in progress.
3. It is further submitted that the complainant is a law abiding citizen and the cause for FIVE MINUTES late in reaching the Court room was not intentional. It was not due to the wilful default of the complainant.
4. Hence it is prayed that this Honourable Court may be pleased to condone the delay in reaching the Court room by five minutes, and thereby recall the warrant issued against the complainant.
COMPLAINANT
(XXXXXXXXXXXXXXX)
YOGESH KUMAR
(Querist) 16 August 2013
DEAR SIR,
NOT RECEIVED ANY RESPONSE SINCE MORNING. PLS CONFIRM WHETHER DRAFT IS O.K. OR ANY CHANGES ARE REQUIRED.
THANKS IN ADVANCE.
Deepak Nair
(Expert) 16 August 2013
Your contents of your draft application is fine.
You need to file the application affixing a court fee stamp. if the magistrate is convinced, he will cancel the warrant. Once the warrant is cancelled, you need to approach the judicial clerk and request for a Warrant Cancellation Memo.
YOGESH KUMAR
(Querist) 16 August 2013
DEAR SIR,
PLS LET ME KNOW THE VALUE OF COURT FEE STAMP TO BE AFFIXED ON THE APPLICATION.
THANKS.
Deepak Nair
(Expert) 16 August 2013
Court fee stamp of Rs.10/-
V R SHROFF
(Expert) 16 August 2013
Rajendra,
The querist is ADVOCATE
[with +5 yrs practice!!]
Bless God, Clients not approach Bar Council for deficiency in services.
YOGESH KUMAR
(Querist) 16 August 2013
DEAR SIR,
I WOULD LIKE TO CONVEY MY SINCERE
THANKS TO ALL THE LAWYERS WHO SPARED THEIR VALUABLE TIME IN ANSWERING MY QUERIES.
YOGESH KUMAR
(Querist) 16 August 2013
DEAR SIR,
I WOULD LIKE TO SINCERELY THANK ALL THE LAWYERS WHO HAVE SPARED TIME TO ANSWER MY QUERIES.
Deepak Nair
(Expert) 17 August 2013
But is it true that you are an advocate with 5 years experience?? if yes then what made you ask such querry?? showing yourself as a party???
YOGESH KUMAR
(Querist) 18 August 2013
DEAR SIR,
I AM AN ORDINARY CITIZEN WITH NO LEGAL BACKGROUND. HAD I BEEN AN ADVOCATE MYSELF, I WOULD NOT HAVE RAISED THIS QUERY. I WOULD DEFINITELY SEEK YOUR EXPERT GUIDANCE IN FUTURE ALSO AND HOPE THAT YOU WILL EXTEND A HELPING HAND. THANKS FOR HELPING ME THIS TIME.
Devajyoti Barman
(Expert) 18 August 2013
You better engage an advocate, it is not feasible to fight a case without ana dvocate.
prabhakar singh
(Expert) 18 August 2013
I do not think model draft presented here fine as if an accused states that he was prevented by traffic Jam and was just 5 minute late the case was taken up and order was passed ,what prevented him not moving application for recall of the order of warrant on same very date.??????????
YOGESH KUMAR
(Querist) 18 August 2013
DEAR SIR,
I WAS OF THE OPINION THAT WARRANT HAS TO BE CANCELLED ON THE NEXT DATE. I WILL TAKE CARE IN FUTURE. THANKS.
prabhakar singh
(Expert) 18 August 2013
True that order would be passed on next date but to validate a ground like one taken here application must be made same day or some other suitable ground of absence should be thought of.
YOGESH KUMAR
(Querist) 18 August 2013
DEAR SIR,
I HAVE WRITTEN THE ACTUAL FACTS IN THE APPLICATION. PLS SUGGEST SOME SUITABLE GROUND FOR BEING LATE BY FIVE MINUTES, SO THAT I MAY CHANGE MY APPLICATION. THANKS.
Raj Kumar Makkad
(Expert) 18 August 2013
As the application has alredy moved by you so the argument shall take place only on those grounds and you need not to change the grounds if the application has been moved by your lawyer after going through the entire relevant record.
Devajyoti Barman
(Expert) 18 August 2013
I do not think that warrant needs to be cancelled. Once you appear and pray for bail on the day fixed or any other day, the warrant would be recalled .
This is the practice in WB.
Guest
(Expert) 18 August 2013
The thread seemed to have been stretched too far and the querist had ever remained interactive during replies by the experts.
But, I wonder to see a wild contradiction in the statement of Shri Yogesh Kumar vs. his profession shown in his profile.
In reply to a hint by Shri Shroff and on asking of Shri Deepak Nair, Shri Yoesh Kumar has stated, "I AM AN ORDINARY CITIZEN WITH NO LEGAL BACKGROUND. HAD I BEEN AN ADVOCATE MYSELF, I WOULD NOT HAVE RAISED THIS QUERY," but as per his profile he is an "ADVOCATE" by profession. Naturally, the admn has not filled in blanks of his profile on its own.
Would Shri Yogesh Kumar like to clarify his position in view of this glaring contradiction. Is he not trying to get help in a deceiptful manner in his own deception case?
Another question arises, is he actually telling the truth in his reply about the cause of issue of warrant.
Devajyoti Barman
(Expert) 18 August 2013
the misuse of this forum should be avoided at any cost.
Any impostor should be boycotted form our end
prabhakar singh
(Expert) 18 August 2013
To recognise any imposter i would always require help of experts as Dhingra ji rendered here.
YOGESH KUMAR
(Querist) 18 August 2013
DEAR SIR,
I HAVE ALWAYS ADDRESSED THE LAWYERS WITH GREAT RESPECT AND EXPECT THE SAME FROM THEIR END ALSO. THE FACT IS THAT I AM NOT AN ADVOCATE, BUT IF YOU THINK THAT I AM AN ADVOCATE, I TAKE IT AS A COMPLEMENT FROM YOUR SIDE. IT IS AN INTERACTIVE PLATFORM FOR LAWYERS & INDIAN PUBLIC AS PER ITS NAME. A QUERIST COMES TO THIS PLATFORM FOR SEEKING YOUR EXPERT ADVICE. THANKS.
ajay sethi
(Expert) 18 August 2013
anyhow your query is resolved now . thanks for your appreciation .
Guest
(Expert) 18 August 2013
Mr. Yogesh,
You have repeated the same information that you are not an advocate. But you have not replied how the word "ADVOCATE" is entered in your profile, as is appearing along with your name on your profile page, if you have not mentioned yourself in the profile? Needless to mention, admn does not fill in any blank on behalf of the member in member's registration form.
Guest
(Expert) 18 August 2013
Prabahakar ji,
You are welcome, if I am of any help to my brethren members.
prabhakar singh
(Expert) 18 August 2013
Thanks Dhingra ji!
Actually i fail to catch querists as sharply as i catch queries.
