Hello,
if the proceedings have been quashed by the HC then your lawyer may present the certified copy of the order along with an application before the court concerned. There is no need for you to appear before the court.
regards
HC quashed the case but ecourts status is NBW
My cr case has been going on since last year was quashed by High Court last month. I have the copy of the order with seal and it clearly says "Following the aforesaid judgement, the proceedings in the case number XXXXXX on the file of XI Additional Chief Metropolitan Magistrate are quashed. The petition is accordingly allowed." My Questions are: 1) My case status in ecourts website with lower court (XI Additional Chief Metropolitan Magistrate) still shows as NBW (Non-Bailable Warrant) and my next court date is in December. It has been in NBW status since February 2018 as I have not been going to court on dates because my lawyer told there is no need to come for those dates. My fear now is, despite the case being quashed, will I be arrested if I show up to the court since the status is NBW. Please help with your advice as I am very very scared. 2) My lawyer wants me to come to court now for next date. Is it normal to be asked to come to court after the order has been passed to sign? Is there a way to manage it without me going there? I am also afraid of being arrested if I show up to court. Thank you very much for your response in advance.
Asked 7 years ago in Criminal Law
Religion: Christian
13 Answers
1. The case is quashed there won't be any arrest in situation further kindly check the order of HC is served in lower court or not. If not.serve the copy of.HC order in court.
2. You don't have to go to court if case is quashed, donot worr y of arrest just check of service.
hello
the FIR must have been lodged and against that FIR you must have filed a petition for quashing of the FIR and arrest stay. the HC has quashed the FIR. ecourts. services only show the proceedings of the lower courts. as per the lower court case, the date must have been what is being shown. the HC order has to be intimated to the lower court and the lower court file shall be consigned to the records. there is no need to go to the lower court. a copy of the order should be presented to the magistrate and that would suffice.
regards
1) you would not be arrested since case is quashed by HC
2) you can attend court as per your lawyer advice
3) you would not be arrested by the magistrate
You can submit an certified or authenticated copy to the trial court. It will accordingly make the changes. You don't have to go even yiur lawyer can do so.
Hello,
1) The warrant will be recalled in view of the proceedings being quashed by the HC. You need to follow the advice of your lawyer and go to the court.
2) Your lawyer shall produce the certified copy of the HC order and thereafter the status of the case will update on the website of the court.
Normally proceeding stops automatically as per HC instructions, If not you will need to consult Local Lawyer and he will file application to initimate court.
Thank you very much for all the responses sir. (1)It sounds like it can be done without me but my lawyer still asking me to come to court I don't know why. (2) Once the case is quashed, is that the end of it? Or are there chances of it reopening? (3) Will this case show up in my employment and other background checks? Are all this data centralized to search? Thank you
Asked 7 years ago
If the respondent challenges the quashing before the SC then only it can be re opened.
This will show in back ground checks but will also show the status as FIR quashed.
Regards
1) your lawyer can file a petition with order copies of H.C.
2) in some cases Quashed FIR cases re open.
1) once case is quashed case against you comes to an end
2) case would not show up in your employment and other background checks
3) there is no harm in going to court
Hi, since the criminal case has already been quashed , the NBW stands cancelled and no arrest can take place ..The high court order needs to be put up before the lower court magistrate , for disposing of the case for records.. Your presence may be required if the magistrate needs to pronounce the order ..
Yes once the case is quashed it is the end of the case. It cannot be reopened till the quashing order is challenged and set aside.
No the case will not show in background check if quashed.
Hello
Once the case is quashed it does not exist. It is as if No proceedings were ever instituted against you. The order and the file exists but only ti tell anybody that the case was quashed. And this person does not have a criminal record.
Regards