Cancellation of Non Bailable Warrant in absence of Accused, Accused need not be present for arrest warrant cancellation, There is no Law that the Accused Shall Personally Remain Present for Cancellation of Warrant

Cancellation of Non Bailable Warrant in absence of Accused

Pandit Ajay Gautam, Indian Jyotish Kundali Reading and Predictions

The cancellation of a non-bailable warrant in the absence of the accused depends on the specific laws and procedures of the jurisdiction where the warrant was issued.

In general, a non-bailable warrant is issued when an accused person fails to appear in court or when there are reasonable grounds to believe that the accused is evading arrest. The warrant authorizes law enforcement officials to arrest the accused person and bring them before the court.

To cancel a non-bailable warrant, the accused or their legal representative may need to file an application with the court that issued the warrant. The application should provide a valid reason for the cancellation and may need to be supported by evidence or documentation.

In some cases, the court may cancel the warrant if the accused person surrenders themselves voluntarily. However, if the accused fails to appear before the court despite the cancellation of the warrant, the court may issue a fresh warrant for their arrest.

It’s important to note that the cancellation of a non-bailable warrant does not necessarily mean that the case against the accused person is closed. The accused may still be required to attend court hearings and face trial on the charges against them.

Accused need not be present for arrest warrant cancellation

In general, the accused does not need to be present for the cancellation of an arrest warrant. Instead, the accused or their legal representative may need to file an application with the court that issued the warrant, requesting its cancellation.

The application may need to provide a valid reason for the cancellation and may require supporting evidence or documentation. The court will review the application and make a decision on whether to cancel the warrant or not. If the court decides to cancel the warrant, it will issue an order to that effect.

However, it’s important to note that the cancellation of an arrest warrant does not necessarily mean that the charges against the accused are dropped or dismissed. The accused may still be required to attend court hearings and face trial on the charges against them.

There is no Law that the Accused Shall Personally Remain Present for Cancellation of Warrant

There is generally no law that requires the accused to personally remain present for the cancellation of a warrant. Instead, the accused or their legal representative may file an application with the court that issued the warrant, requesting its cancellation.

The court will then review the application and make a decision on whether to cancel the warrant or not. If the court decides to cancel the warrant, it will issue an order to that effect. The accused or their legal representative may then obtain a copy of the order for their records.

However, there may be some exceptions to this general rule depending on the specific laws and procedures of the jurisdiction where the warrant was issued. It’s always a good idea to consult with a qualified legal professional for advice on how to proceed in a specific case.

There is no law that the accused shall personally remain present for cancellation of warrant. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate without insisting the for appearance of the Applicant/accused.

In general, if a lawyer makes an application for the cancellation of a warrant on behalf of their client, the court should consider the application on its merits without insisting on the appearance of the accused.

The court’s primary concern is to ensure that justice is served, and it will typically weigh the facts and circumstances of the case when deciding whether to cancel the warrant. If the court determines that there are valid reasons for cancelling the warrant, it may do so without requiring the personal appearance of the accused.

However, as I mentioned earlier, there may be some exceptions to this general rule depending on the specific laws and procedures of the jurisdiction where the warrant was issued. It’s always a good idea to consult with a qualified legal professional for advice on how to proceed in a specific case.

“There is no law that the accused shall personally remain present for cancellation of warrant. If the lawyer makes an application for cancellation of warrant, the same needs to be considered on merits by the learned Magistrate without insisting the for appearance of the Applicant/accused.:”

(I) The non-bailable warrant issued against the Applicant stands cancelled.

(II) The Applicant shall appear before the Trial Court on next date of hearing.

(III) The copy of this order shall be forwarded to the Chief Metropolitan Magistrate, Bombay for being circulated to all the Additional Chief Metropolitan Magistrate and Metropolitan Magistrate.

Arun Kumar N. Chaturvedi Vs. State of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4429 OF 2013
CORAM : M. L. TAHALIYANI, J.
DATE : DECEMBER 24, 2013

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