he was not served with summon or notice or any intimation that about as prosecution witness? what is remedy for humiliation of that order of NON BAILABLE WARRENT against him?
2007-06-11 07:13:01 · 3 answers · asked by civil servant 1 in Politics & Government ➔ Law & Ethics
Immediately approach the court for cancellation of NBW. The burden is upon the side who summoned you to produce proof of delivery of summons to the court before applying for NBW to be issued against you. The court should not have issued NBW if it could not be shown that the Summons was served. Regarding 'humiliation', if you want to waste more time and money in further action, you can go in WP to the High Court, but is it worth it?
2007-06-11 20:25:12 · answer #1 · answered by ? 4 · 0⤊ 0⤋
Court issues NBW non bailable warrants only when it is satisfied that the witness is purposely avoiding summons to appear before it as a witness. This depends on the basis of report given by the server of the court who carried the summons to the place or residence or work of the witness, & any refusal of such witness to accept the summon amounts to contempt of court order for which the court issues non bailable warrants to the witness giving him notice why action should not be taken against him for such refusal of summon & appearance before the court on the given date for giving his/her witness. In case the witness has evidence that he was not served the said summon & even when he or she makes his appearance on next date of hearing such non bailable order are cancelled by the court & the witness is let off with a warning not to repeat such a mistake in future. This is the usual practice of the courts.
2007-06-11 17:22:16 · answer #2 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
Get a lawyer.
But if you can prove you were never served you should be fine.
2007-06-11 07:19:30 · answer #3 · answered by Atavacron 5 · 0⤊ 0⤋