Legal Guidance Requested — Issuance of NBW Against Absconding Accused

608 votes

dear client as per your query I can only suggest that if he was absconding and now he has filed his bail in high court then neither the police authority nor the lower court can take cognizance but if you are aware by seeing the lower court records that he has put bail application then you should oppose that for future paid consultation please contact us with your relevant documents.

Advocate Rahul Rathi LawRato

571 votes

Yes, the police can and should seek a Non-Bailable Warrant (NBW) from the Magistrate/Sessions Court if the accused is absconding, even if the matter is pending before the High Court for bail or quashing. Legal Basis & Clarification: 1. Nature of Offences: The offences under Section 376 IPC and SC/ST Act 3(2)(v) are serious, non-bailable, and cognizable. These are heinous offences and mandate strict action if the accused is evading arrest. 2. Absconding Accused: If the accused is not cooperating with the investigation or is absconding, the police can move an application before the Magistrate or Sessions Court under Section 73 CrPC to issue a Non-Bailable Warrant (NBW). An NBW is a legal tool to compel the appearance of an accused who is evading arrest. 3. High Court Proceedings: Merely filing an application in the High Court for quashing or bail does not bar the police from proceeding with coercive steps. No interim protection or stay has been mentioned in your query. Unless the High Court has stayed arrest or passed any order of protection, normal criminal procedure continues. 4. Wrongful Police Inaction: If the police are saying “they can’t do this,” you may file an application yourself before the Magistrate/Sessions Court through your advocate requesting: Issuance of NBW. Declaration of the accused as a Proclaimed Offender under Section 82 CrPC (if NBW already issued and accused still absconds). You may also consider filing a complaint with the Superintendent of Police or moving the High Court under Article 226 to ensure proper investigation. Suggested Legal Action: Ask your lawyer to file an application before the Magistrate/Sessions Court seeking NBW. If rejected, consider approaching High Court under writ jurisdiction (Article 226) for monitoring of investigation and directions to police. Let me know if you need help drafting such an application.

Advocate Dhanur Singh Chauhan LawRato

761 votes

yes they can't do this the high court is a fact finding authority regarding bail and other quashig please filed in the high court obtain stay order nbw for session court magistrate can be issued accused is absconding

Advocate Spiti Sarkar LawRato

927 votes

Yes, the police can definitely seek a non-bailable warrant against the accused from the Magistrate/Sessions Court if he is absconding, especially since the offences include serious charges under Section 376 IPC and SC/ST Act. The mere filing of an application before the High Court for bail or quashing does not prevent the Trial Court from issuing a warrant to secure the accused’s presence. If police are refusing, you may move an application yourself before the concerned court requesting issuance of non-bailable warrants citing absconding conduct. You can also inform the High Court about this conduct to oppose the bail or quashing plea. It is advisable to engage an advocate to ensure these steps are taken without delay.

Advocate Aprajita Shukla LawRato

573 votes

At this stage there is no need for any non bailable warrant as accused is already absconding. warrant can only be issued from court once the chargesheet has been submitted by the police in court. however police must be already for the lookout of accused. so at this stage police will arrest him and present in court , unless police and accused are in good terms. for complete details you can contact us. Thankyou.

Advocate Anurag Bhati LawRato