Upgrad LLM

nbw process in a private complaint

security

Sir,

I would like to know the procedure of Non Bailable warrant (NBW) process. I filed a private complaint under section 153A against 4 persons for abusing the religious worship place. The judge considered my case and issued summons to the accused. The 4 accused persons were absent 2 times in the middle and the Judge issued NBW  and asked my lawyer to process NBW.

         Now,what is the next step ?now to whom the NBW is to be sent?Is it to SHO of police police station?If the local police station refuse to accept the NBW by hand then can we send NBW through registered post to the SHO of the police station?

        Secondly,if the police help the accused persons to recall,then is there any way to resist the recall petition by making the accused to be in judicial custody? Please help.

Thanks,

Narayana Swamy

         

 
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lawyer

NBW may send through registered post also by court and further we can't resist the accused to recall his warrant


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security

Sir,

Thanks for your reply,The judge already signed on the NBW. Now should i send the NBW to the concerned SHO of the police staion?In how many days the police need to arrest the accused and produce to the court after they recieve the NBW sent through Registered post?Please clarify.

Thanks,

Narayana Swamy

 
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advocate

You should send it through court. It is proper way. You can attach registered envelope with it.


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Advocate

On the orders of process for NBW, you may pay the process fee and file a process memo for processing NBW, the court on receipt of process will send the NBW to the concerned police station for further action. The police will not themselves recall the NBW, they have to produce the accused before the magistrate/court and in the case of a application by the accused for recalling the NBW, you may protest or raise objections before the magistrate/court.


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security

Sir,

 

The Hon'ble Judge issued NBW on 3rd April 2014 to the accused persons and when we are processing the NBW,  the Judge was on leave for 2 days,when we are waiting for Judge signature on NBW ,suddenly on (i.e) 9th April 2014,the accused gave application for recall and my lawyer stopped processing  the NBW and as soon after they filed Recall petition,The next date given by the court as 3rd June 2014.

        Since all the accused persons are rowdies and there is threat to our lives if the recall petition is accepted and the next appearance date given is  too far (i.e) 3rd June 2014. I have two questions.

 

  1.Can we protest or raise objections now itself before the magistrate/court  to cancel their recall petition because we have threat to our life from the accused,if they move freely outside upto 3rd June 2014?

 

  2. Or Is it necessary for us to wait upto next  date 3rd June 2014 to protest or raise our objection in the court ?

 

   Please advice.Your help is highly appreciated.

 

Thanks,

Narayana Swamy

 
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