Private complaint 156(3),200 cr.p.c u/s 376/493/420

ADV S PATHAK (Querist) 13 January 2013 This query is : Resolved
1. Summoned by Court of MM in complaint case u/s 376/493 IPC. the person did not appear before court and now NBW has been issued.
2. shall the person appear before court ?
can the court arrest a person ?

does he need anticipatory bail ?

what other step can be taken?

Please Advice.

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Adv.R.P.Chugh (Expert) 13 January 2013
Anticipatory Bail is the way to go. It is a court of session trial and hence the magistrate before issuing process must have satisfied himself that sufficient grounds exist for calling the accused. If he appears he would be remanded, application for cancellation of NBWs may also not work.
Apply for Anticipatory Bail.

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