It's illegal nbw as without summons to you court doesn't have power to issue nbw. You can get it cancelled in same court and later file writ petition in high court for compensation. You can also file writ petition directly and take directions from the high court regarding cancellation. If you are summoned you need to appear in court once your evidence is completed
NBW against witness
I am a witness in a 498a case and currently on a business trip in a different city than the one where case is on trial. I got a phone call from a police constable just 2days before hearing that I need to attend hearing on said date. (This was the first time court had issued summons to witnesses as the case was in framing of charge stage till now). I explained my situation to the constable that I am out of city and wouldnt be able to attend on this short notice of 2days. And asked him to pls consider taking next date and I would appear to which he agreed.(He also didnt serve me any summons; it was just a phone call.). Today I checked the case status and saw that court has issed nbw to cw4(that's me). Without even reissuing summons or bw. Plz let me know how can I get it canceled. Do I need to appear before date to get it canceled or take any bail? Can police arrest me for this? Should I apply in hc as Im just a witness and wasnt even served with summons for appearance. In future can I file an exemption petition etc if I cant attend some date because of work or everytime they would issue nbw to witness
Asked 6 years ago in Criminal Law
Religion: Hindu
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15 Answers
Summon should be received by you. Have you received the summon? If yes then police can arrest you.
In future if summon is issued and you received it but you wouldn't be in a position to attend then through advocate file application in same court for grant leave from personal appearance on that date and ask for some date as per your convenience.
Kindly note that reissuance of summon is not mandatory for issuing arrest warrant.
See appear before court and give an application to cancel warrant explaining why were you not present on last date court shall cancel same.
You are witness you have to just visit for once.
You need to appear in court in person to cancel NBW
2) it is surprising court has issued NBW without service of summons to you
3) you can file revision before sessions court against issue of NBW
4) you can make application for exemption from personal appearance
Dear Sir,
A simple thing you can do is to find out public prosecutor of that case and ask him to get recall the said NBW. If you can then you can also call the Police Constable and tell him that you are appearing on next date of hearing. Thus you will get recall the NBW. On the next hearing appear and give evidence and matter will be closed.
Hi
You have been arrayed as cw4.
It appears that court must have issued summons to you on atleast 2 occasions and thereafter you did not appear and hence NBW is issued.
There is no cause to worry. Please appear in the court on scheduled date of hearing and mark your attendance. Court will withdraw the NBW upon your appearance.
There is no need of any bail such matters.
In case you want to recall the NBW at an early date than the scheduled date in the court and file an out of order petition and on the same day cancel your NBW.
As said earlier, absolutely no cause to worry.
NO big deal, appear on next date given in warrant. Matter will close forever.
You need not to file any petition for bail. You are a witness police will again inform you of case. Your counsel can file an application under section 70 create. P. C for cancellation or recall of nbw.
You need not that application also.
No need to worry as it is a process of issuing NBW for the witness to whom the summons are served physically or through some communication in your case it is through phone call by constable.
You can just inform police official who come to you with NBW that you will definitely appear on next date to give evidence or you can just avoid police and appear on next date the NBW will automatically be cancelled.
NBW is issued against a Witness only after several notices are sent to such Witness and if such notices for appearance in the Court are repeatedly ignored post which a BW is issued and when the Witness still does not heed to such BW, only then an NBW is issued. Thus Courts do exercise caution before issuing NBW's to Witness. In your query it is not clear whether you have received notices till now and whether you have failed to appear post such Notices and whether you were presented with a BW for appearance.
I am the complainant/witness in a criminal case in which police has filed a chargesheet against accused in Bangalore. Please let me know how I can submit additional evidences in the criminal court: 1. I have e-mails & audio recordings which prove the crime committed by accused and have got it authenticated from the Truth labs forensic. 2. Can you please provide some case references, application format which can be used to submit these additional evidences in the criminal court via the public prosecutor.
Asked 6 years ago
you can file a petition to advance the witnesses under section 311 of crpc for producing additional evidence than the evidence mentioned in charge sheet if you are defacto complainant first you have to apply for prosecution assistance and lead the evidence
Once the chargesheet is filed you can't introduce new evidence. You require permission of the court to admit new evidence only after that you can produce the same after giving advance notice to accused.
even if in a case additional evidence, oral or documentary, is required to be filed on behalf of the prosecution, the same can be filed only by Public Prosecutor/Additional Public Prosecutor/Assistant Public Prosecutor and that too only with the prior permission of the Court,
2) it is clear that additional evidence, oral or documentary, can be produced during the course of trial if in the opinion of the Court production of it is essential for the proper disposal of the case.
even if in a case additional evidence, oral or documentary, is required to be filed on behalf of the prosecution, the same can be filed only by Public Prosecutor/Additional Public Prosecutor/Assistant Public Prosecutor and that too only with the prior permission of the Court,
2) it is clear that additional evidence, oral or documentary, can be produced during the course of trial if in the opinion of the Court production of it is essential for the proper disposal of the case.
1. At time of your examination in chief or before that with an application you can submit additional evidence before the court.
2. See the PP can write a simple application for exhibiting the additional evidence before the court.
Have to file application in court under of CrPC. to take documents on record