nbw recall


NBW was issued against one of the accused.  That person was not in the country when the FIR, CS were filed; he did not come to India at any time after FIR, CS filing.  Nor did he appoint any advocate in lower court at any time.   the case was pending; quash petition was filed in HC and  HC quashed the proceedings.   when the HC order was submitted to trial court, the presiding officer said as NBW is pending against the person, he  has to come personally and have the NBW recalled.

my querry is---when the proceedings itself were quashed, why does the question of coming and getting the NBW recalled arise?   Quash of proceedings means there is no case against the person.  The court itself may have to withdraw the NBW.  or is it that the person has to come and have the NBW recalled?

 
Reply   
 
LEGAL CONSULTANT

Once the proceedings are quashed in the HIgh Court,it is deemed that even the NBW issued by the lower court is cancelled automatically.

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x