Nbw
Ponnappa
(Querist) 14 February 2013
This query is : Resolved
Dear Experts,
A false 498a has been filed on us. We have been fighting this. On the evidence of the IO. The presiding officer did n ot allow our advocate to ask questions. So we had moved a memo stating that teh honarable court was n ot giving sufficient oppurtunity to cross the IO and hence seeking for a transfer. At this post my Sister-in-law was pregnant and had not attended the court.The presiding officer told our advocate to withdraw the memo, since he did not he issued NBW to my sister-in-law. We had produced teh medical documents in the previous hearing and that day she was down with fever. so we had stated in our expemt memo that she was having fever. Anyway teh district court had granted a stay and recently teh transfer petition was dismissed and teh trail has started in the same lower court. My sister-in-law has delivered and due to post pregnancy complications she is unable to travel. We have a medical certificate to state that too. The presiding officer has said that she has to be produced to teh court else he will cancel the surety. This has caused us a lot of agony and pain. Is there any ruling or judgment that will help us. We are worried that when we produce my sister-in-law to court she could be sent to custody.
Expert panel please help. This is urgent.
Devajyoti Barman
(Expert) 14 February 2013
File another application on this ground u/s 205 crpc. if it is rejected then go to revisision in the high court.
Ponnappa
(Querist) 14 February 2013
The NBW is still in force. can we still go for exempt memo u/s 205 Crpc
Raj Kumar Makkad
(Expert) 14 February 2013
If there is already NBW against such lady then you should file its revision before High Court or sessions court on the ground of her ill health otherwise the possibility of sch Presiding Officer sending her behind bars cannot be ruled out.
Ponnappa
(Querist) 14 February 2013
Dear Raj,
Your answer has been candid. Under which section do we have to file the revision before the HC or sessions court. Also in the meanwhile can a memo with the medical certificates be produced to the lower court?
Raj Kumar Makkad
(Expert) 14 February 2013
You can file revision under section 397(1) of Criminal Procedure code and memo can definitely be filed before lower court but already he has issued NBW hence he cannot entertain the application under section 205 Criminal procedure Code seeking exemption. Lower court shall require the compliance of his NBW order or its modification by upper court so there is no use to put such documents there.
Ponnappa
(Querist) 14 February 2013
However, Section 397(2) does not allow for any revisions this is considered as an interlocutory order. We had approached district court under this and it was not allowed stating the reason above.
(2) The powers of revision conferred by sub- section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
Raj Kumar Makkad
(Expert) 14 February 2013
This order shall not be considered as an interlocutory order rather this is final order.
V R SHROFF
(Expert) 14 February 2013
You apply for cancellation of NBW in the same court, with Hospital certi of Delivery, Get Affidavit [notary] that she undertake to appear before hon'ble court as soon as possible, within 3 months period of bed rest instructed by Dr.
If the Application is rejected, Go for revision in sessions court, for Stay of NBW on Medical Grd.
Stress on pt, that she is not likely to abscond, and cannot come to court for bonafide reason.
Ponnappa
(Querist) 14 February 2013
Dear Shroff sir,
Thank you for your response, under which section do I file the memo. The presiding officer in the previous date said he will not accept any memo. Could we still submit it to the court? what if he cancels the surety? This would put my sister-in-law into deep trouble. Kindly suggest the best way. I will be grateful to you.
Dear experts please help us.
Sudhir Kumar, Advocate
(Expert) 17 February 2013
your worry is genuine and you are disturbede and not able to see what most learned experts above have suggested.
