• Tehsil court issued arrest warrant

7 months back i was given a bail by tehsil court on bond.i attended 2 hearings  after every month.But since last six month i did not attend the hearings.I didnt receive any notice for the same. Now court has issued arrest warrant against me.

what shall i do?
how can i stop my arrest?
what was my legal mistake?
what are my rights in this?
Asked 2 years ago in Criminal Law from Pune, Maharashtra
Religion: Hindu

1. It appears some criminal case is pending in which attendance of the accused person in person or through advocate on the date fixed is compulsory.

2. Since you defaulted in attending the case regularly the court has rightly issued the warrant of arrest.

3.However there is nothing to worry as once you surrender and seek bail you will be immediately granted with bail.

4. Till then there is chance of getting arrested by police in compliance of the warrant of arrest.

Devajyoti Barman
Advocate, Kolkata
19563 Answers
277 Consultations

5.0 on 5.0

hello sir/madam

u need not to worry, just go in court and file an application there by giving reason why u didnt appear before court. and furnish new bond ur bail will be revived.

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.0 on 5.0

The arrest warrant is just for appearance in the court, appear before court and get it cancelled under CrPC 70(2), the tehsildar has judicial power as executive magistrate and non appearance can forfeit the bond and give warrant so appear before court given an application under 70(2) cancellation of warrant and an another application under 446 giving reason of your nonappearance in court and your bond should not be forfeited. The court shall grant you cancellation on undertaking that you will now regularly appear before court.

CrPC 70: Section 70 of the Criminal Procedure Code

Form of warrant of arrest and duration

(1)Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

(2)Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

446. Procedure when bond has been forfeited.

(1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. Explanation.- A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code. 1 provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months.]

(3) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.

(5) Where any person who has furnished security under section 106 or section 117 or section 360 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 448, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and,; if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved.

Shubham Jhajharia
Advocate, Ahmedabad
24308 Answers
96 Consultations

5.0 on 5.0

Quite obvious... You should not have missed the attendance in court while on bail. You should have asked your lawyer to make proper application for non appearance on the schedule dates. However the only procedure is to surrender before the court and pray for bail on setting aside the WA on duly apologizing before the said court. Or alternatively move to higher court for stay of warrant.

Baisali Ghoshal
Advocate, Kolkata
12 Answers

4.0 on 5.0

First of all I want to tell you that if you have been granted bail by any court, it is upon a condition that you will remain present in the court on each and every date of hearing. Your legal mistake was that you failed to attend the hearings of the case after remaining present in the court for first two hearings. Now you should visit the Tehsil court as soon as possible and file an application for recalling/cancellation of warrants showing a reasonable cause for your non appearance. Court will give you an order for cancellation of warrants which you have to give to police to avoid your arrest.

Saurav Mahajan
Advocate, Kathua
9 Answers

4.9 on 5.0

What is the case filed against you.

For civil cases there is no warrant issued.

You can file a petition to recall the warrant by surrendering before the court.

You talk to your lawyer about this and proceed.

T Kalaiselvan
Advocate, Vellore
64456 Answers
835 Consultations

5.0 on 5.0

You can talk to your lawyer and ask him to pacify police to wait till next working day to enable you to get the warrant recalled.

T Kalaiselvan
Advocate, Vellore
64456 Answers
835 Consultations

5.0 on 5.0

Remain absconded till you apply for bail.

Devajyoti Barman
Advocate, Kolkata
19563 Answers
277 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

what shall i do?

Ans: Usually executive Magistrate/Tahasildar has no powers to issue non-bailable warrant. Under Cr.P.C the Tahasildar can exercise his powers as shown in the following, that is having only limited powers.

how can i stop my arrest?

Ans: Even if you are arrested the Tahasildar require to release you by taking bond for good conduct etc.

what was my legal mistake?

Ans: Warrants will be issued against any citizen if he propose to cause law and order problem.

what are my rights in this?

Ans: You may challenge the orders of Tahasildar before Sessions Act or High Court and get such orders quashed.

today is holiday and police is saying that he will not wait till monday,,,police is asking to get it cancelled through lawyer?

Ans: Lawyer cannot cancel it. At the most you will be produced before the Tahasildar and he will release you on bail. But it is risky as it is holiday as such Tahasildar may send you to jail. Better you avoid arrest and appear only after the orders of Tahasildar are stayed by the Court.

Section 107 in The Code Of Criminal Procedure, 1973

107. Security for keeping the peace in other cases.

(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 1 with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

Section 110 in The Code Of Criminal Procedure, 1973

110. Security for good behaviour from habitual offenders. When[ an Executive Magistrate.] 1 receives information that there is within his local jurisdiction a person who-

(a) is by habit a robber, house- breaker, thief, or forger, or,

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860 ), or under section 489A, section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or

1. Subs. by Act 63 of 1980, S. 2 (w. e. f. 23. 9. 1980 ).

(f) habitually commits, or attempts to commit, or abets the commission of-

(i) any offence under one or more of the following. Acts, namely:-

(a) the Drugs and Cosmetics Act, 1940 (23 of 1940 );

(b) 1 the Foreign Exchange Regulation Act, 1973 ] (46 of 1973 );

(c) the Employees' Provident Funds 2 and Family Pension Fund] Act, 1952 ;-- of 1952 .

(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954 );

(e) the Essential Commodities Act, 1955 (10 of 1955 );

(f) the Untouchability (Offences) Act, 1955 (22 of 1955 );

(g) the Customs Act, 1962 or (52 of 1962 );

(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or

(g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5283 Answers
171 Consultations

5.0 on 5.0

U must consult with lawyer immediately in this matter police can't stop you from hiring any lawyer getting lawyer for your case is ur legal right.In your case nothing to worry about as u have mentioned that u have not got any further notice of your proceeding so ,u can mention this point at must basis towards the court in ur protection.

Prashant Saurabh
Advocate, Ranchi
2 Answers

4.0 on 5.0

You must have missed some dates, and therefore the court would have cancelled your bail and issued warrant.

As an alleged accused you do not have any right at this juncture

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

You might escape from the vicinity for the time being and then later on Monday obtain a bail from the HC and then can appear before the lower court.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

Personal presence is not required for cancellation of warrant your lawyer will get it cancelled either pacify the police or abscond for two three days till next day police wont work hard to search you.

Shubham Jhajharia
Advocate, Ahmedabad
24308 Answers
96 Consultations

5.0 on 5.0

1) you should appear in court on next working date

2) make application for cancellation of warrant

3) make application fir exemption from personal appearance until further orders under section 205 of cr pc

Ajay Sethi
Advocate, Mumbai
74502 Answers
4457 Consultations

5.0 on 5.0

Apply for cancellation of warrant on Monday

Engage a local lawyer

Ajay Sethi
Advocate, Mumbai
74502 Answers
4457 Consultations

5.0 on 5.0

You need to cancel the said warrant from the same court and after that attend the hearing regularly.

Prashant Nayak
Advocate, Mumbai
18603 Answers
34 Consultations

4.6 on 5.0

hello,

1. you should appear in court with your lawyer on Monday.

2. appear in court and through your lawyer make application for cancellation of arrest warrant.

3. you defaulted the attending the court regularly.

4. appear in court and make application,immediately court give you bail,after that appear court regularly.

5. hide for 1 day and appear only on Monday with your lawyer in court.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

you can hire an advocate he will get your warrant cancelled. but you might have to furnish fresh bail bond. pls with the lawyer and respective court.

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.0 on 5.0

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