Yes. If first one has not been complied with.
Whether an NBW can be issued again
Whether an NBW can be issued again
Asked 7 years ago in Family Law
Religion: Hindu
9 Answers
If the accused/ concerned person does not appear after issuance of NBW then the court may issue NBW again before declaring him to be a proclaimed offender.
Regards
If accused does not appear in court inspite of issue of bailable warrant court can issue NBW
Thanks a lot for your replies! Sub:- MY SISTER DEATH IN USA Actually In our case the accused A1 has been issued with Red Corner Notice and the corcerned authorities has took the NBW issued by the court for issuing the RCN and now for extradition purpose the MEA authorities has asked us to provide original arrest warrant and when we approached the judge, they are saying we have already issued the arrest warrant first bring that and we will issue a new warrant again. But the issue here is we have already submitted the arrest warrant to Red Corner Notice issuing authorities and we aren’t sure whether it is with them or they have sent to Interpol while issuing the Red Notice. So on the whole it will consume time, Henceforth please suggest proper way for us to request our honourable judiciary to issue new arrest warrant (Also provide any valid citations details here) Kindly do the needful help! Thanks you in advance! Yogendra
Asked 7 years ago
Inder Mohan Gowswamy and another Vs. State of Uttaranchal and others reported in 2007(12) SCC. (1)
SC has held
non-bailable warrant should be issued to bring the person to court when summons and bailable warrant would be unlikely issued. This could be reasonable to believe that the person willing to appear in court or the Police authorities are unable to find the person to serve him with summons or it is considered that the person could harm some one if not placed in to the custody immediately. The Hon'ble Apex court held that some times in the larger interest of the public, State becomes absolutely imperative to curtail the freedom of individual for a certain period only; this non- bailable warrants should be issued.
2) court would issue fresh NBW only if earlier warrant is returned
Yes NBW can be issued against but the circumstances has to be seen
Sir if the previous Warrent is not cancelled or executed or reissued new Warrent cannot be issued as there is single Warrent for said person in one offence so in this case take a certified copy of warrant and submit same new Warrent as such cannot be issued.
Firslty, as per the information mentioned in the present query, makes it clear that you are little confuse about the NBW.
Secondly, once the NBW has been issued then it may remain in force till the person is arrested or cancelled by the court itself.
Thirdly, so there is no question of getting a fresh one from the court.
Fourhtly, you can inspect the court file, and apply for the certified copy of the same after paying minimal fee to the court.
Dear Client,
Better get the certify copy of warrant issued, copy of it must be in file. NB Warrants never hand over to complainant but to police.
And till previous warrants dose not return with reporting on it, fresh warrant will not issue.
Get a certified copy of the order by means of which the NBW was issued.
Also, you may ask the secretary of the court to give NBW, though unofficially.
Regards