Dear advisors, I am a NRI and I live and work abroad since 2019. We got married in Bengaluru in August 2022 and my wife filed a bogus 498A against me and my parents in Bengaluru in November 2022. In December 2022 - The police called my parents to the police station to record their statements and the police asked about me. Our lawyer was also present. My parents went to the police station with their anticipatory bails in January 2023. After recording my parent’s statements - The police informed my parents that there is no need for me to come down to India. After that day - they never called my parents again. The police never contacted me for a 41A notice or anything. But yesterday, when I casually checked online, it says - XYZ POLICE STATION versus ME, MY FATHER & MY MOTHER DATE - 01 August 2023 BUSINESS - CALL ON NEXT PURPOSE - SUMMONS & NBW NEXT DATE - 09 October 2023 What does this mean ? Kindly advise what to do next Thanking in anticipation.
You should engage a lawyer and appear on set date
2) if Non bailable warrant has been issued apply for setting aside NBW issued against you
3) ask your lawyer to check court records whether summons have been served or not whether any NBW has been issued or not
4) take the defence that no notice under section 41 A was issued against you
If summons are already dispatched, on next Court will come to know if summons are served, if summons are served and accused do not appear NBWs will be issued. If summons are not served, fresh summons will be issued. Sign a special Vakalath for you and regular vakalath for others in India. Those in India can appear in court, you will be appearing through Advocate. If this is followed, no NBWs can be issued by Court. Even all accused can appear thourgh Advocate. This is next purpose.
It means that the proceeding is for the issuance of notice or summons to the named accused in the FIR or NBW. Since no notice under section 41 A or notice issued by court then this fact should be highlighted in court. FIR filed by your wife is bogus or not, is a matter of trial.
The court will send the summons to the accused as the charge sheet has been filed before court by the concerned police and the court has taken the matter on its files.
Therefore when you receive summons, better appear before court and obtain bail and participate in the case.
The matter of not following the procedure as per section 41A can be taken up during trial proceedings.
If there is already non bailable warrant is pending agaisnt you then you can file a petition under section 70(2) cr.p.c. to recall the warrant
You be in touch with your advocate who will guide you the further procedures to be complied with.
Dear Client,
1.It's a formal notice informing you that you are required to attend a court proceeding. In your case, it appears that a summons has been issued for you, your father, and your mother.
2.NBW (Non-Bailable Warrant): An NBW is a warrant issued by a court for the arrest of an individual. This means that if you fail to comply with the summons and appear in court as directed, the court could issue an NBW for your arrest.
Given the seriousness of the situation, it's advisable to consult with a lawyer who specializes in criminal law, particularly in cases related to matrimonial disputes and 498A allegations.
- I think you have got this status from the website of Magistrate Court
- It means that the charge sheet of the case has already filed , and summons of the case was issued to you
, and further due to your non-appearance before the court on the last date of hearing , then court issued NBW
- However, you can move an application for cancellation of NBW after engaging a lawyer.
- Further, as you are residing abroad , then you can move an application under section 205 CRPC for getting permanent exemption from appearance before the court on the ground of working abroad.
Apply for Anticipatory bail.
NEXT PURPOSE - SUMMONS & NBW - To issue notice to call you.
You need to cancel the nbw in court first later attend the court
