Criminal Revision or Criminal Petition

Querist : Anonymous (Querist) 05 September 2010 This query is : Resolved
police submitted chargesheet aagaist the accused person showing him as absconder. Trial magistrate issed NBWA against the accused.
question is whether before issuing NBWA whether the trial court was required to follow any provision of law and if yes then what are those provisions? And if no
whether the accused shouid prefer a criminal revision u/s 401 Cr.P.C. or criminal petition under section 482 Cr.P.C.?

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Kiran Kumar (Expert) 05 September 2010
if u r to challenge the orders for NBW only then go for S.482 and if you are to challenge the charge then revision is maintainable before Sessions court against the orders of Magistrate.

Devajyoti Barman (Expert) 05 September 2010
Yes but I think if the absconder is not going to turn up then filing of quashing only on that ground or revision would be of no help. It is better for the accused person to appear in the case and pray for bail. Otherwise to go for quashing the charge sheet and not the order of NBW.

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