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Can NBW pending from 5 years be recalled without presence of Accused.
14-Mar-2025 (In Criminal Law)
I have a pending Case against me in CCB Courts Egmore, unfortunately i was not attending the court, and NBW was issued against me, I'm worried if i attend court may not grant me immediate relief, i have taken few highcourt judgments saying, presence of accused not mandatory to recall NBW, and i have come across a similar situation in Hyderabad and it was recalled with out my presence, If any advocate can help me in this situation it will be really helpful.
hi, I can well understand your concern from the query raised, yes you can proceed with recalling the warrant under 70(2) of BNSS, by furnishing the compelling reasons, you can represent the matter with a counsel and the discretion of the Hon'ble judge is final !
Helpful?
Yes, your physical presence is not required to recall the non bailable warrant issued against you for not attending the proceedings. However, if the Magistrate feels like you will abscond, or destroy or tamper with the evidence, then your physical presence may be required.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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