Apply to court for setting aside NBW issued against CWI
2) court will set aside NBW and impose fine
I am the complainant of 498a
Dear all, I am the victim and have registered 498a case against in-laws and his family members. Case has come to the evidence stage and after making several attempts with the police station and meeting public prosecutor i recieved witness summon via whatsapp to appear on the court for the Jan month hearing. I had appeared and found out my evidences are missing in the court case file so i told public prosecutor we have to add the evidences, on the next date i met the public prosecutor and said the application is fine , Public prosecutor told me i took short notice to file the evidences as documents , so next hearing i am not required and he will file it but on the hearing dates judges were on leave and bench judge has issued NBW to cw1, what should I do since I appeared on two hearing dates, and on both dates husband was absent who is on bail , he appeared on the short notice date where we wanted was to file documents evidence where judges were on leave and I didn't appear and marked as absent and bench judge has issued NBW to CW1.
Asked 11 months ago in Family Law
Religion: Hindu
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8 Answers
Will CW1 get arrested with NBW, when I can file setting aside NBW on the hearing date or before that, I was present on two hearing dates during evidence stage, i observed that husband was absent on both hearing dates still court has marked him present. It is totally unfair victim is suffering. Police has messed my documents removed crucial documents while filling chargesheet.
Asked 11 months ago
1. Engage your private advocate as well so that if you remain absent your advocate submit before court.
2. In the coming date appear and seek bail.
You can make application before hearing date for setting aside NBW
If you were summoned to appear as witness there's no reason for you to abstain yourself.
The public prosecutor will not take responsibility here for this warrant.
Anyway, it is only a witness warrant that too bailable hence in your next hearing you appear before court, file a petition under section 70(2) of cr.p.c and get the warrant recalled and then you may depose your side evidence on the same day.
You can proceed to get your warrant recalled in the next hearing without fail and also engage the services of your own advocate to assist you and the prosecution side to prevent more damages.
- As per law, the court can issue warrant against the witnesses if failed to appear before the court after getting summons of the court.
- You can move an application for the cancellation of NBW before the same court , and even before the next date of hearing after giving the same reasons.
Yes warrant can be executed if court directions are not followed
Dear Client,
When an application for the quashing of N.B.W. is entertained under section 482 Cr.P.C., the Hon'ble High Court has the authority to revoke non-bailable warrants. The following are the primary factors that the High Court may take into account in order to nullify the N.B.W. against the accused: that the applicant or accused has not been found to have committed any crimes. There is a malicious intent behind the initiation of proceedings. The accused's covert intention to assist with the proceedings is being monitored. Circumstances that prevented the accused from appearing in court as a representative. Gather any evidence that supports your claim of being present on the two hearing dates where the court marked you as absent. This could include any documentation, records, or statements from witnesses who can testify to your presence. A charge sheet's ability to be amended after it has been filed can rely on the jurisdiction's particular rules and regulations and can be a complicated legal problem. Generally speaking, changing a charge sheet could necessitate legal permission and be scrutinized by the law.
