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Anandakumara MB (Lawyer)     20 November 2009

NBW Cancallation with out appearance of accused

The NBW issued to accused by JMFC can cancell with out appearance of accused before judge??. or even fine.The pendency of NBW can impact on the given -up accused ?

CrPC can allow to leave the NBW issued accused with out endorsing the same.



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 19 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 November 2009

 IF WE KNOW THE NATURE OF OFFENCE, SECTIONS OF IPC / OTHER  OFFENCES OF INDIA CODE ,/ACCUSED PROFILE,THEN ONLY  WE CAN COMMENT ON THIS ORDER.

Anandakumara MB (Lawyer)     20 November 2009

The accused  under  143, 323, and 307 R/w 149 IPC attempt to murder. The Accused not secured to police or court.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     20 November 2009

IMPOSSIBLE AS PER THE Cr.P.C **

SANJEEV KUMAR (STUDENT)     20 November 2009

Reddy ji is right. Accused shall have to be produced in court.

sanjeev

Srinath Kondapally (Advocate)     20 November 2009

For want of appearance of accused only Court will issue NBW, hence it is not possible to recall the NBW without appearance of accused in any circumstances.

  

SANJEEV KUMAR (STUDENT)     20 November 2009

NBWs ARE ISSUED FOR ENFORCING THE ATTENDANCE OF ACCUSED. HOW NBW CAN BE CANCELLED WHOUT ACHIEVING THE PURPOSE FOR WHICH THESE HAVE BEEN SENT

SANJEEV

Anish goyal (Advocate)     20 November 2009

Cancellation will amount to review which is not allowed by CRPC

SANJEEV KUMAR (STUDENT)     21 November 2009

Anish cancellation will not amout to review. NBWs are issued to enforce attendence. Once the accused has attended the court then the magistrate cancels the NBWs. More over NBWs are valid upto the date mentioned in the NBWs.

sanjeev

dhiraj choudhary (n/a)     21 November 2009

accused has to file an application for cancellation of warrants and toappear personally before judge irrespective of the fact under which section he is charged

Anandakumara MB (Lawyer)     23 November 2009

Any provision to THIRD PARTY locus satndy in this issue??

The acuused joined to Govt Department even though NBW is not cancelled.

Srinath Kondapally (Advocate)     23 November 2009

Third party has no locus standi as this is criminal proceeding, NBW exists till its excution or its cancellaion  irrespective of accused joining in Govt. or private service

Anandakumara MB (Lawyer)     23 November 2009

any citation or act for the : NBW exists till its excution or its cancellaion  irrespective of accused joining in Govt. or private service".

Srinath Kondapally (Advocate)     23 November 2009

such provision itself describing the validity / nature of  NBW, there is no citation, where the respective provision clearly saying the same

Feroz M Shafeeque (Police Officer)     23 November 2009

Can the court recall the NBW if it is later found that it was issued by mistake.


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