Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Akash (a)     06 December 2012

Query on nbw

This is a query related to proceedings post issuing of Non Bailable Warrants (NBW) which have been duly served on the accused.

The next step as I understand is to initiate proceedings u/s 82 and the 83 to bring the accused to the trial court. The address provided to the trial court, initially by the accused, belongs to the father of one of the accused.

My queries are:

a) Can the father of the accused make an application U/s 482 in the High Court seeking a stay (on proceedings or any other) after the proceedigs U/s 82 have been initiated.

b) How do I ask for information from the SSP of the relevant area to make comments on the execution of the NBW ( legally as well as through RTI)?

Many thanks in advance for your time.

Best Regards



Learning

 6 Replies

Akash (a)     06 December 2012

Dear  Sirs,

May I have your feedback please as I have to make a decision. Many thanks for your inputs and time.

Regards

Akash

surjit singh (Assistant)     07 December 2012

Since the father is not an accused he cannot file an applicaton. For getting the status of the NBW it the court ordersheet which will speak the volume. Inspite of that if you want to file an RTI application file it before the concerned O/C of the police station who is suppose to execute the NBW.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2012

Dear Querist

there is no procedure for filling the petition before HC or any other court on behalf of the accused without special power of attorney or vakalatnama signed by accused, if the accused sign the vakalatnama then only the father or any other person acn be became pairokar in the case and fight the case.

There is no procedure to file  RTI application in this regard before police personal. as per my opinion the best option is accused should appear before the court and filed an warrant recall application before the court.

Feel Free To call

Akash (a)     08 December 2012

Dear Sirs,

The Order sheet only states reissue of NBW as no report has been filed by the O/C of the relevant police station. The problem is compunded as the city is different in the same state.

 

The accused are  indulging in all sorts of tactics to play the delay game. Can you please suggest a remedy.

 

Thanks

surjit singh (Assistant)     08 December 2012

You can approach the court for directing the SP to report compliance of the execution of NBW.

1 Like

Akash (a)     09 December 2012

Thank You Mr. Singh. As I make it, it is very easy to get the said stay from the High court. The presence of the SP in the court might change the complete perspective.

Once again, many thanks for your input.

Best Regards

Akash


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register