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Rajaramana RV (Employee)     04 July 2013

How to handle nbw

Dear Lawyer Commmunity,

I would like to know what is the procedure for NBW and how to contest against it if you are accused if you have not received the summons yet NBW is issues. After NBW is issued, does the police arrest and have to compulsory produce you before the magistarte. Can you appeal to the Magistrate then to cancel the NBW? Looking forward to your reply.



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 July 2013

You can appear before the court and pray for cancellation of the NBW before the police arrest you.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     04 July 2013

U can go to court and file an application for cancellation of NBWs while mentioning the reasons of your non-appearance.

Rajaramana RV (Employee)     04 July 2013

How do you come to know that NBW has been issued against you and how much time is there between NBW being issued and the police coming to arrest. Do the police after arresting you place you in front of magistrate before sending you to jail? Do I get to see a magistrate before going to jail again to plead my case of not getting summons.

Aashish George (lawyer)     04 July 2013

rajaramana rv ji, 1st of all NBWs are issued in order to make the accused appear in court, as my learned friends above have already advised you, that you should appear before the magistrate and pray for cancellation of NBW. go to a lawyer hire him and let him find out the details. you can also go to the district court which monitors the police station nearest to you and ask the court staff to help you. the district court must be having a help desk, they will help you locate the court. once you reach the court where the case is going on or was on, u can ask the staff there to help you out. it is best that you let the experts handle this, find a good lawyer and let him do the work. our advice can help you, but its always best to let the expert handle the work. one mistake and you will be arrested.

Rajaramana RV (Employee)     04 July 2013

Thanks for this. Does the court staff aid in finding information about the case. Do they have knowledge if the chargsheets has been filed by the police. I have a lawyer who has told me police will call me while submitting chargesheet but through this forum I understood court sends summons on home address. So I am trying to find the best solutions. Thanks again to the community for help. Any suggestions and advice are welcome.

abhishek (advocate)     04 July 2013

hire a lawyer and file an application u/s 70(2) crpc for cancellation of nbw, and mention all ur reasons for non-appearance  and if he rejects it than appraoch hc and inder mohan goswami's judgment will help u and i wont suggest you to appear before the magistrate after consulting ur local lawyer and tell me the offence?

MANI RAM SHARMA (Advocate)     05 September 2013

The court verdicts and law are for exhibition , amusement and knowledge only. That hardly helps an aggrieved person in India. The matters are fixed. Therefore it is adviseable to maintain good rapport with the persons with power because  they are  themselves law.  The police in India may arrest any body without any justification and even in case of stay or bail granted by a competent court. Police may force a magistrate ( in Nadiad) to drink, stage a procession, compel him to sit on the stairs and get his photo to journalist. A magistrate (in Gujarat ) may issue warrants against four dignitaries  for Rs. 40000/=. Do you still believe that there is a Good Rule of Law in India. Law and Justice have been an  illusions for Indian since 1857 to continue....


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