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deep (deep)     13 October 2016

Pls help experts. bailable warrants for complainant.

FIR was registered against my husband sec 498, 406, challan presented charges framed. i got summons for evidence. i went, put signatures of attendence in court. they called me on next date that too in afternoon after lunch they (pp-govt advocate) say that my evidence is long time consuming so will be taken in afterrnoon. i said ok and came back.  now today policeman came home and said bailable warrants for me. i was not at home. he left his phone no.  when i called him, he said, i will come in evening and cannot talk on phone. i want to ask - if he comes, can i go in front of him to receive summons? can he arrest me? 5000 mentioned on warrants. so do i need to give any application for cancel warents? do i need to fill surity bond? do i need to get bail? i am complainant, not criminal.  pls pls guide.



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 17 Replies

Mugundhan (Lawyer)     13 October 2016

First of all dont worry, it is only a bailable warrant. Even if u r arrested u have to be immediately relesed on giving surety. But dont wait for that. Immediately file a petition in the concerned court for recalling the warrant.

deep (deep)     13 October 2016

the case is on 26.10.16. if i go to court that day, will judge arrest me? another witness in same case has got same warrants sir.

Sachin (N.A)     13 October 2016

Move in the court tommorrow morning file an application for cancellation of warrant. Court will cancell warrant tomorrow itself.

 

deep (deep)     13 October 2016

but sachin sir, if i go, wont it be risky. cant they arrest me . pls answer i am too tensed.

Sachin (N.A)     13 October 2016

It is better to file an application before date of hearing U/S 70 (2) of CrPC for Cancellation of warrant 

Even if you don't do it.Court cannot arrest you on date of hearing because if the accused has appeared before the court then his bailable warrants stand cancelled and no specific order is required to be passed by concerned court. The warrants are meant for securing the presence of the accused.

Sachin (N.A)     13 October 2016

You can do it in person or hire a lawyer for this. as your presence is not mandatory for cancellation of warrant.

 

Don't get tensed.yes

deep (deep)     13 October 2016

sir, i am complainant not accused, thats why i am more confused.

 

Sachin (N.A)     13 October 2016

But procedure for cancellation of warrent remains same.  As i said before if you are scared hire a lawyer for this, your presence is not mandatory.

 

Don't worry!!

deep (deep)     13 October 2016

sir, can you pls give a sample of application

 

deep (deep)     13 October 2016

and what is meant by:- ONE PW BOUND DOWN.

Sachin (N.A)     13 October 2016

I don't have any ready to use format but you can write down

by starting 

IN THE COURT OF ___________________________

In the matter of :

Case No

Fir No

State                              VS                                    opposite party

 

Application U/S 70 (2) of CrPC for Cancellation of warrant 

Most respectfully showeth:

1. That I am the PW / Complainant in the above mention case.

2. < Reason you was not present on last date>

3. I assured the Hon'ble court that i will be obeying all the order passed by this hon'ble court and will be present on next date of hearing 

Prayer:

Hon'ble court is requested to recall the bailable warrant issued against complainaint

 

Date:                                                                                                     < Name>

                                                                                                        Complainaint in person

Sachin (N.A)     13 October 2016

Originally posted by : deep
and what is meant by:- ONE PW BOUND DOWN.

PW means procecution witness

bound down means : have to obey order

deep (deep)     13 October 2016

2. < Reason you was not present on last date> i

sir, i was present on last date. i have put signatures too there in file. so  should i mention this also.

 

deep (deep)     13 October 2016

thanks a lot sachin sir

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