Srinivas (.) 06 April 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.

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fighter (Software professional) 06 April 2016

No need of appearence if your lawyer is sound.

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)

Recently Non baialble warrant of mahendra singh dhoni also recalled without his appearence.

https://sports.ndtv.com/cricket/news/254531-court-recalls-non-bailable-warrant-against-mahendra-singh-dhoni