Application for stay of nbw

CHARAN SINGH (Querist) 15 July 2014 This query is : Resolved
A complainant in a complaint case submits false information to the court and got issued orders of NBW of the accused. Whether there is any provision in the Cr. P. C. in which accused may file an application through his advocate for stay of NBW detailing false information given by the complainant.

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Devajyoti Barman (Expert) 15 July 2014
he can challenge the issuance of NBW in sessions or high court by way of Revision u/s 397, 401 crpc and seek for stay on arrest as well.

G. ARAVINTHAN (Expert) 16 July 2014
I agree with Mr.Barman

One has to file a Revision as against the order of issuance of Non Bailable Warrant and sought for stay of the order of arrest.

On the other hand, Anticipatory bail can be filed on the apprehension that he may be arrested in a Non Bailable Warrant

V R SHROFF (Expert) 16 July 2014
I agree with Mr.Barman.

Even same court can cancel NBW, if accused appear in person with Application to cancel NBW, justifying the Application, and pay cost. [it depends in seriousness of offence]

Sankaranarayanan (Expert) 16 July 2014
I do agree with experts

ajay sethi (Expert) 16 July 2014
agree with experts

Rajendra K Goyal (Expert) 16 July 2014
Agree with the experts.

Advocate. Arunagiri (Expert) 16 July 2014
You can approach the same court for recalling the warrant.

T. Kalaiselvan, Advocate (Expert) 17 July 2014
Ask him to approach a lawyer and file a petition u/s 70(2) Cr.P.C for recalling the NBW and let him challenge the case on merits without becoming absent on hearing dates in the future. Revision, appeal and AB is a long route, waste of time, energy and money.

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