LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srinivas (.)     05 January 2016

Chargesheet quash 498a- nbw pending

Sir, Wife filed 498a on me and later police filed chargesheet adding parents names and Sister and Brother to chargesheet. Me and parents got  bail. Meantime police requested to court issue NBW to my sister and brother and same  NBW pending in lower court. My brother and sister applied 498a chargesheet quash in Highcourt but Judge informed to our lawyer that Recall NBW in lower court so that my sister name and brother names will get quashed. My brother and sister doesnt have bail. Please advise is it possible to my sister and brother witout appearing in lower court to Recall the NBW pending by lawyer. 2) Is it compulosory to attend my brother and sister to recall the NBW pending or our  lawyer can recall NBW in lower court. Please advise. Thanks for your time.


 7 Replies

yogendra (engineer)     06 January 2016

Non-bailable warrant _ Appearance of the applicant/accused is not necessary when application for cancellation of warrant is made _ There is no law that the accused shall personally remain present for cancellation of warrant _ If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits without insisting the for appearance of the Applicant/accused. (See Arunkumar N. Chaturvedi Vs. State of Maharashtra and Anr. 2014 (3) LJSOFT 39)

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 January 2016

Though there is no provision in law for personal appearance of accused to recall the NBW, the law says that when there is a NBW pending against an accused, he may be arrested by police executing the warrant or the accused has to surrender before concerned magistrate and file a petition for recalling NBW under section 70(2), so your lawyer is right that their appearance is essential for recalling NBW.

1 Like

Vidya (ss)     15 January 2016

Experts I wish to share my experience, as I am not well known of law. This happen to me. NBW has issued by session court immediately after chargesheet , I am A1. 2 years police couldnt find me, simply mentioned as abscanding. After 2 years my lawer has recalled NBW and filed for anticipatory, session court rejected my bail and ordered to surrender in 10 days then apply for regular bail. But I approach high court, there I got direction to session court for same day bail. Untill that day I never attend any court or jail. After taking that order as per my convince 18 days later I filed surrender petition along with high court direction for bail .I got bail. So personal appearance may not be mandatory. If my information is helpful you are welcome
1 Like

fighter (Software professional)     15 January 2016

correctly said by vidya ji......

T. Kalaiselvan, Advocate (Advocate)     15 January 2016


After filing surrender petition it is mandatory to surrender before the court where the said petition was filed. Hope you surrendered before court to get enlarged on bail or for recalling NBW, do not contradict your own statements, before posting some information get yourself fully clarified so that your views do not misguide others.

fighter (Software professional)     15 January 2016

kalaiselvan is trend in uttrapradesh beacuse no anticipatory bail provision there...Highcourt directs to surrender in court and bail petition decided on same day.So petitioner may get bail on the day of surrender within 2-3 hours.

Vidya (ss)     15 January 2016

Mr.kalaiselvan read carefully what I wrote. When layer made NBW recall I didn't attend. After recall he filed anticipatory without my presence. But rejected by lower court. Applied for anticipatory in high court without my presence. High court directed lower court same day bail. My lawer filed surrender petition and bail on so date, I went to court 11am and 11:35 am they called me left hand surrender petition and right hand bail petition. Both handed to judge sir, and both accepetd. 12pm surety signed. 12:15 pm we left court. And I didn't say it is law..I told what happen to me. There are many half knowldged lawers to miss guide.but I never as I clearly mentioned it is happened to me. Don't show your ego at what you unaware. More over it happen in andhrapradesh not in up

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query