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Defence Evidence Stuck off and arrest warrant
09-May-2026 (In Divorce Law)
District court has struck off the defence Evidence recently, the judge has also issued an arrest warrant through joint CP (PF filed on the same day), now will the accused be arrested before the NDOH or when ? The just has given a short date of June , how is this arresting process is followed? Will hee sent to the Jail or brought to the court on NDOH ? Accused has been playing with the court's hearing for a long and has a bad conduct since the beginning, what are the remedies as respondents ?
it is not necessary that if the defence evidence has been struck of the same is permanent.
on application made by the accused the defence evidence can be revived
it is also the case that if defense evidence is struck of the conviction of the accused can also be challenged in appeal as it is mandated by law that the accused should be given the opportunity to produce is evidence in trial
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Adv. Kunal Seth
Adv. Kunal Seth
Delhi | 700+ Answers
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The court has already issued a non-bailable arrest warrant, the usual process is that the warrant is executed by the police, and the accused is either produced before the same court on the next working day/NDOH or, if the court is closed, kept in custody and then taken before the court as directed; the exact custody route depends on how the warrant is endorsed and whether bail is granted at that stage. As respondents, the practical remedies are to move an urgent application to recall/cancel the warrant, seek exemption from personal appearance if available, press for arguments on the defence evidence order and any procedural irregularity, and place the accused’s prior conduct and delay on record to oppose any indulgence.
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Adv. Aditya Kumar
Adv. Aditya Kumar
Delhi | 25+ Answers
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If warrants have been issued against the Accused then he can immediately seek cancellation of warrants by filing an application before the same court who issued the warrants by providing sufficient causes of non appearance. Usually if the court finds bonafide reason then court cancels the warrant
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Adv. Alankrit BhatnagarÂ
Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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once the court has already struck of the defence and issued arrest warrants generally means that the accused is deliberately avoiding proceedings
Practically ,the process works as :
1. Warranty is sent to the concerned police authority for execution or police may visit residence to secure presence of the accused .
There is no fix timeline .once the arrest warrant is issued,the police can technically arrest the accused at any time before the next date of hearing
But if the accused is easily traceable and the
court is taking a strict view ,arrest may happen within days.
Or if the accused appears voluntarily before execution of the warranty,the court may hear him directly and consider bail.
If the matter has been kept on a short date in June , it usually means the court expects an execution status by then either the accused may already have been produced or the police will file execution
Remedy
Accused can challange the order before higher court and application of cancellation of warrant is to be filed
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Adv. Deepika Dahiya
Adv. Deepika Dahiya
Delhi | 5+ Answers
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