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CA Sukhdev Singh   18 March 2019

execution of nbw

I filed 2 cases u/s 138 NIA. Accused is same but both cases are tried in different courts. In one court accused is appearing but in another court he is not appearing even NBW issued against him. How can we enforce attendance of the accused in second court. Whether there is any provision in law that court in which he is appearing can direct accused to appear in second court. Or can second court request first court to take into custody the accused and forward him to his court. Please advise.


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 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     18 March 2019

Try to execute NBW. Police can arrest under NBW and produce before court. 

Mallika Barkha (Advocate)     19 March 2019

Originally posted by : CA Sukhdev Singh
I filed 2 cases u/s 138 NIA. Accused is same but both cases are tried in different courts. In one court accused is appearing but in another court he is not appearing even NBW issued against him. How can we enforce attendance of the accused in second court. Whether there is any provision in law that court in which he is appearing can direct accused to appear in second court. Or can second court request first court to take into custody the accused and forward him to his court. Please advise.

A non-bailable warrant is/can be executed upon the arrest of the accused or when the court cancels it. In general practice, the court issues the summons for the accused to appear in front of the court. If the accused is still absconding, the court issues a bailable warrant. Even after this if the accused is absconding, a non-bailable warrant is issued at the police station where the accused is residing.

Now in your case NBW already issued.  Now you have to see that poilice will produce this fellow before magistrate.  Cant you or your advocate manage that much?

What I can suggest is you change your advocate and hire someone else or yourselves with two three people catch hold of this fellow wherever he is and drag him to the court where NBW is issued.

Shashi Dhara   19 March 2019

U take certified copies of order sheet and other nessary certified documents and. submit before court and request to take quick against him.

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