NBW is pending since 6-yrs in a plot case on my brother what to do.

618 votes

usually it will be based on the facts of the case but you can approach the high court for quashing the proceedings against him if the facts gives relief on the ground of insanity but without going to the facts we cant advise you accordingly

Advocate Innamuri Balasubramanyam LawRato

510 votes

Your Advocate can file recall petition to recall non-bailable warrant before the Court which has issued NBW should mention reasons, whereby it was beyond your brother’s control to put in your brother appearance in court on the date by explaining his medical conditions without his presence. Your Advocate can take care of this for your brother. Furthermore, you can file a bail petition as well. For your information I am giving you a case reference which might help you in your situation

"In a reported judgment between Bhagvan Premchand Vs. State of A.P. reported in 1998 (1) ALT (Crl) 110 A.P., the Hon'ble High Court held that the Magistrate should shed wrong practice of issuing NBW, the moment the accused failed to appear before the court without giving an opportunity to explain the circumstances under which the accused failed to appear in the court and in the light of the language employed in Sec. 73 of Cr.P.C. NBW can be issued sparingly that to after coming to a conclusion that there is no other way to secure the presence of accused."

Retain a competent Advocate in your Court jurisdiction to file the required petitions. Your brother can easily come out of his legal hardship. Good Luck

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Advocate Sameer Hussain LawRato

732 votes

Hi
You can get relief by approaching the high court under section 482 and getting the case quashed or arrest stayed.
police cannot arrest a mentally permanent disabled person under any circumstances.
Can help

Advocate Rajagopalan LawRato