• NBW issued without Chargesheet

A NBW has been issued u/s 354A/354D/509/506/34/IPC against my brother without any charge sheet. He is not the main accused in the case but police has somehow framed him and issued NBW against him since he was not present in country for statement as he is studying outside india. 
Please suggest what can be done in such a case. Can an application be moved in court for stay or fir cancellation? Will his presence be necessary or can his parents appear as proxy? We are afraid that the court might ask embassy to call him back in the country which might reject his study visa and his career might be ruined.
Asked 9 months ago in Criminal Law from New Delhi, Delhi
Religion: Hindu

We can appear in the court and file an application for cancellation of NBW issues against your brother.

Mayank Sapre
Advocate, New Delhi
234 Answers

5.0 on 5.0

Firstly, you should seek anticipatory bail for your brother in order to avoid any arrest when he lands in India.

He needs to be present on the court date, but should come to India, after you have secured anticipatory bail from session or high court for him.

Also, you should file for quashing of FIR and intire proceedings against him under section 482 of the CrPC in High Court.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

See first your brother has to.come India  for either filing quashing petition along with prayer of interim relief for no coercive action.  

Or he has to seek anticipatory bail.

 Once he is granted bail with leave of court he can travel back.

See parents may file a petition on his behalf citing his study and can seek dispense with presence if high court pleases then only petition can be accepted otherwise not possible.

You can also go for cancellation of NBW from lower court though presence in that is not necessary but the vakaltnama of advocate needs to be signed here and court will reject application if he fails to join investigation.

Shubham Jhajharia
Advocate, Ahmedabad
19210 Answers
75 Consultations

5.0 on 5.0

your brother presence is necessary for cancellation of NBW 

 

2) presence of parents would not suffice 

 

3) your brother can with court permission travel abroad for study purposes 

Ajay Sethi
Advocate, Mumbai
66760 Answers
4037 Consultations

5.0 on 5.0

Dear Client,

Commissioner has not authority to issue warrants but only court can and till charge sheet is not filed, no such warrant shall be issue, it would be just notice u/s 41a CrPC or if he wanted for recording of statement than u/s 161 CrpC.  If he is apprehending arrest than approach court for anticipatory bail.

He can request for quash of FIR or deletion of his name. Presence not required, advocate will represent. Court will not issue any such order until case goes under trail.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

As your brother is residing out of India and does not intend to be absent then you have bonifide grounds to recall the order of NBW by the concerned Magistrate. 

File an application to recall NBW and also to dispense with their personal attendance. It is discretion of the learned Magistrate to dispense with personal appearance. 

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

First and foremost is to see the FIR and nature of the offence primarily .If the Accused has already accrued a Bail the NBW has to be recalled under section 70(2) of Cr.P.C for the same.

 

Mohammed Mujeeb
Advocate, Hyderabad
10147 Answers
3 Consultations

4.5 on 5.0

Hello,

If he has not appeared before the police for investigation then the NBBW can be issued. 

If he has been framed then you should have approached the HC earlier for getting the FIR quashed. 

However, still you may approach the HC and see if the same can be quashed.

He is not required to be present himself in order to the file the petition for quashing of the FIR. 

Regards  

 

Anilesh Tewari
Advocate, New Delhi
16909 Answers
259 Consultations

5.0 on 5.0

Yes !! Apply for cancellation of NBW.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

He has to appear before the court and police has to produce him in case the magistrate is satisfied with the plea are the advocate he may be granted bail at the same time depending upon the sections in the case.

Depending upon the sections of 354 he could be arrested and sent to Jail and later the bill can be applied.

If you have time and go to the High Court then file a petition in high court under section 482 for quashing the FIR or pray to the high court to get stay on the arrest.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

Sir,

You can move for anticipatory bail for him.Also for quashing of FIR the party who has registered the same has to apply.

Anand Shukla
Advocate, Delhi
467 Answers
12 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your brother has been falsely framed in the above said case.
  2. I advice you to please love an application for Anticipatory Bail before the concerned court.
  3. As by moving this application, presence of your brother will not be needed.
  4. I am suggesting for this as FIR can’t be quashed like this, it can be done after settlement or on merits of the case which would be taking more time, and till then your brother would be needing protection from any arrest or further proceedings of bringing him back to India.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

1. Depending on the Charge-Sheet, a Writ Petition can be filed in the state HC for quashing of the FIR proceedings.

2. In criminal case, proxy attendance is not allowed and accused has to be present, atleast till permanent personal appearance exemption is allowed by court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2403 Answers
14 Consultations

5.0 on 5.0

Hi,

Before any thing goes wrong more by police, move anticipatory bail application. Also move to high court, if relief not granted by district court. 

Ganesh Singh
Advocate, Delhi
3111 Answers
9 Consultations

4.5 on 5.0

He needs to be present before court as nbw is goven by court and will be cancelled only when the accused remain orprese in court. 

Police can get only arrest warrant and not nbw.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

You cancel his nbw and file quashing in HC. Pray for his permanent exemption in trial court based on his stay at abroad due to study

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

Dear Client

You can get the NBW cancelled thru AR in the competent court and then seek exemption from personal appearence in the main case.

Adv Vikas

 

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

If there is a NBW pending then the accused has to first suirrender before court and file a petition to recall the NBW.

Before that no quash petition will be entertained by high court.

The court has no power to call back the indiividual from abroad even through embassy.

T Kalaiselvan
Advocate, Vellore
56559 Answers
695 Consultations

5.0 on 5.0

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