Legal Question in Criminal Law in India

I was summoned in a case filed by CBI u/s 120B,467,468,471 for the first time. I reached the court with my lawyer. My lawyer went out to ease himself. Before he could re-enter the court room, news of death of the judge of some other court broke out and the lawyers in an swift action Suspended work and didn't allow lawyers to enter court room. My lawyer was also stranded outside the court room and was not allowed inside. My lawyer in order to get my presence recorded handed over the file containing my regular bail application, affidavit & power of attorney in favor of the lawyer (since it was my first appearance in the case). The judge wasn't present in the morning & was expected to be present around 3.30pm. In order to get my presence recorded I presented the file to the court clerk. He alongwith other 3-4other lawyers advised me to don't come without my lawyer. But the CBI lawyer shouted that I be taken into custody. I panicked and came out. I contacted my lawyer & he reassured me not to worry. He told me that our judge alongwith his colleagues have gone for cremation of the judge. He also alongwith other lawyers had gone for the cremation. My lawyer returned at around 4pm but judge was not available till that time. The court clerk told my lawyer that next date has been fixed in consultation presumably over the phone. We came to know after 2 days that instead of summons, bailable warrants has been issued..

In this connection please advise if the bailable warrant can be got cancelled. If yes, what's the procedure & under what sections of CrPC it can be done.... R Goel


Asked on 12/21/15, 5:26 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Hello

First of all no warrant should have been issued, since you were present in the Court. However, since the warrant has been issued, you need to get it cancelled by filing application u/s 70 of the Criminal Procedure Code. You simply need to file the application stating all the ground that you mentioned herein, and pray for cancellation. offcourse grounds have to be pleaded in form..

Let me know should you require any assistance.

Regards

Vivek N Mapara

vnmlaws.com

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Answered on 12/22/15, 1:17 am


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