A FIR was filed u/s [deleted]. Chargesheet was filed. Magistrate took cognizance. NBW were issued. Then police asked for further investigation and magistrate ordered 173(8). Later police filed FInal report. What would happen to BW/NBW issued against the previous chargesheet? Pls cite relevant judgement.
hello
the BW/NBW must have been issued as the persons named in the FIR were either not traceable or the offense was a non-bailable one. once the police file an FR the persons named in the FR as accused may be arrested if the law so requires. kindly state the sections under which the FIR was lodged.
regards
Dear Client,
Until court itself not withdraw warrants or cancels it on your application, they are active and executable. Filling closer report and accepted by court is must and in further investigation, all the charges previously pasted declare false or no evidence or no crime committed submit by police.
NBW has not been stayed or cancelled by magistrate court
it continues to remain in force
Sir if the warrant is not cancelled or executed it is still active and police can arrest based on the same warrant. Check the court record and seek certified copies for the status of the warrant.
Dear Sir
It is procedural related as such there are no direct judgments. If final report filed without indicating any accused to be tried then the previous BW/NBW become infructous that is invalid.
You should apply for bail immediately.
Julesa Khatoon
vs
State Of Bihar ....... on 17 August, 2009
NBW would remain effective until the warrant has not been recalled.
The submission of final report by police under section 173(8) cr.p.c. has nothing to with the pending NBW agaisnt the accused.
