Criminal applications

Application under Section 151 CPC for cancellation of non-bailable warrant

Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.

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IN THE COURT OF Name of the Magistrate's court, LD. M.M.

SOUTH-EAST DISTRICT, SAKET COURTS, NEW DELHI.

IN THE MATTER OF:

Complainant's nameVERSUS Accused's name

Criminal Case Criminal case number/Year of criminal case

FIR No. FIR number

Under Section 337 of IPC,

P.S. Police station

Date of Hearing: Date of hearing

APPLICATION ON BEHALF OF THE APPLICANT / ACCUSED, NAMELY Applicant/accused's name, FOR CANCELLATION OF THE NON-BAILABLE WARRANT

MOST RESPECTFULLY SHOWETH:-

1.That the proceedings in the captioned FIR case are pending before this Hon'ble Court and the matter is presently fixed for Purpose for which case is fixed.
2.That the applicant / accused is filing the present application seeking cancellation of the Non-Bailable Warrant issued by this Hon'ble Court against the applicant / accused in the said FIR case proceedings on Date of issuance of non-bailable warrant.
3.That the applicant / accused submits that he has duly appeared through his counsel before this Hon'ble Court from the very first date of hearing, when summons were issued to the accused / applicant.
4.That it is submitted that the previous counsel of the applicant / accused was not informed of the dates of hearing in the present case, and the applicant was also unable to communicate with his previous counsel regarding the status of the case. In the second week of Month when new counsel was engaged, the previous counsel of the applicant informed him that he was no longer interested in pursuing or appearing in the matter, whereupon the applicant engaged new counsel for the present case. The new counsel inspected the order-sheets and found that on Date on which the accused did not appear, none appeared on behalf of the applicant / accused before this Hon'ble Court, as a result of which this Hon'ble Court was pleased to issue a Non-Bailable Warrant against the applicant / accused on account of his non-appearance / absence.
5.That it is respectfully submitted that the absence of the applicant / accused was neither intentional nor deliberate, but was due to the reasons stated above. The applicant / accused never intended to abscond or to avoid participating in the captioned proceedings; on the contrary, as is apparent from the record, the applicant / accused had been regularly participating in the proceedings prior thereto.
6.That it is further submitted that the accused is a law-abiding citizen, has faith in the administration of justice, and has no intention of hampering or causing any hindrance to the proceedings of the captioned case.
7.That the applicant / accused undertakes to appear regularly before this Hon'ble Court in the captioned matter, to be more vigilant in participating in the proceedings of the present case, and to abide by such conditions as may be directed by this Hon'ble Court.
8.That the applicant seeks leave of this Hon'ble Court to urge any additional grounds that may be available to him at the time of hearing of the present application.

P R A Y E R

In view of the above, it is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to cancel the Non-Bailable Warrant issued against the applicant / accused, in the interest of justice.

Any such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the applicant.

It is prayed accordingly.

DELHIAPPLICANT / ACCUSED

THROUGH

DATED

Counsel's name

COUNSEL FOR THE ACCUSED

Counsel's address/enrolment details

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