Nbw issuesed

[vignesh chowdary]

I am A4 in one case .my friend(A1) kidnapped one minior girl .my friend (A1) surrender before police station offter one year .and police are booked false case aginest me (A1 sold the gold with help of A4). But Iam not helped the A1 .In 164 statement of victim my name is not mentioned.only 161 statement only my name mentioned.i got a stay from high court (not to arrest).criminal pettetion number 7568 of 2014.high court Hyderabad. My lawyer told me now you can go any where. I apply quash after chargesheet finished. But my lawyer not applied for quash petition .i am not attending the court 2015 to till date.NBW issued AGINEST me(A4).separated my (A4) case .A1 AND A2 A3 attending court regularly.present Iam in saudi .some people’s are telling posco act is very danger .police are given warning to my uncle .they are telling we block A4 passport. In case of A1A2A3 case compramise. Court A4 case case removed or not? Which statment is valid 164 or 161?.courts any rights to block my passport? How to cancel nbw in high court

[Dr. Ashok Dhamija]

(1) Definitely, a statement made under Section 164 of the Cr.P.C. carries more weight than a statement of the same witness under Section 161 of the Cr.P.C.

(2) Kidnapping offence does not appear to be a compoundable offence. Therefore, the accused persons will have to try to get the case quashed from the high court on the basis of the compromise, if any such compromise is arrived at by the accused and the victim. So, it depends, whether the whole case is quashed (including the case against you) or the case is quashed qua only the other 3 accused persons who compromise with the victim.

(3) Under law, a passport can be revoked on the basis of a criminal case pending prosecution in a court of law in India.

(4) The best way to get the non-bailable warrant (NBW) cancelled is to appear before the court and make an application to the court. If you are not appearing before the court, you may still file an application for cancellation of the NBW in case you have some strong grounds to get it done.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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