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    NBW Cancellation Application - Rakesh Kumar

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    shivam prajapati

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    NBW Cancellation Application - Rakesh Kumar

    Uploaded by

    shivam prajapati
    13 views4 pages

    Original Title

    NBW CANCELLATION APPLICATION - RAKESH KUMAR

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    13 views4 pages

    NBW Cancellation Application - Rakesh Kumar

    Uploaded by

    shivam prajapati

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    IN THE HON’BLE COURT OF MS.

    PADMA LANDOL,
    LD. METROPOLITAN MAGISTRATE,
    PATIALA HOUSE DISTRICT COURT, NEW DELHI

    IN THE MATTER OF:

    STATE …COMPLAINANT
    Vs
    RAKESH KUMAR …ACCUSED PERSON

    INDEX

    S.no Particulars Page no.


    .

    1. APPLICATION ON BEHALF OF
    APPLICANT/ACCUSED FOR SEEKING
    APPROPRIATE ORDERS / DIRECTIONS FOR
    CANCELLATION AND RECALLING OF ORDER
    DATED 04.04.2024 AGAINST THE APPLICANT
    AND GRANT OF BAIL.

    DELHI

    APPLICANT
    DATED: THROUGH

    ADVOCATE
    Sonam Gupta
    K –19, LGF, Jangpura Extension,
    New Delhi – 110 041
    IN THE HON’BLE COURT OF MS. PADMA LANDOL,
    LD. METROPOLITAN MAGISTRATE,
    PATIALA HOUSE DISTRICT COURT, NEW DELHI

    IN THE MATTER OF:

    STATE …COMPLAINANT
    Vs
    RAKESH KUMAR …ACCUSED PERSON

    APPLICATION ON BEHALF OF APPLICANT FOR SEEKING


    APPROPRIATE ORDERS / DIRECTIONS FOR CANCELLATION AND
    RECALLING ORDER DATED 04.04.2024 ISSUED AGAINST THE
    APPLICANT AND FOR GRANT OF BAIL.

    MOST RESPECTFULLY SHOWETH:

    1. That the present matter is pending adjudication before this Ld. Court and
    is fixed for hearing on 27.06.2024.

    2. That on the last date of hearing i.e. 04.04.2024, the Ld. Court has issued
    NBW process Under Section 82 of the CrPC against the Accused.
    However, it is to be submit that due to unprofessional Behavior of
    Previous Counsel. Order dated 10.08.2023 and bail is subjected to
    furnishing of Personal and Surety Bond in Sum of Rs. 10,000/- after this
    unprofessional behavior of the previous counsel. the accused was unaware
    of the dated of this said cases which is fixed on the Hon’ble Court. and
    could only appeared before the Hon’ble Court at the given date 04.04.
    2024. And now, the accused want to change his counsel because of his
    behavior towards his client. The accused counsel want discharged from
    the Vakalatnama in the present case still want to appear before the court
    and the accused could not reach the present counsel or nor he provide any
    type of information to the present counsel the present counsel needs to be
    engaged in the present case. And even at the last date of hearing the
    accused or his present counsel couldn’t appear before the court in the date
    fixed. Because of lack of acknowledgement of the date.
    3. That, the Accused Person could not appear before the Hon’ble Court on
    previous dates fixed due to the unavoidable reasons. It is to apprise the
    Hon’ble Court that Applicant inadvertently had a miscommunication with
    the previous Counsel not share the detail of the dates of this matter / case
    in this Hon’ble Court with the wrong acknowledgement due to which the
    Accused failed to appear before the Hon’ble Court on 04.04.2024.
    Further, on 27.05.2022, the Accused inadvertently could not appear as
    was not aware of the said date. Hence, the non-appearance of the
    Applicant was neither willful nor deliberate and only because of the
    noting of wrong date the Applicant could not appear.

    4. Further, the Applicant was always willing and ready to appear, hence, the
    grounds as per section 73 of the Criminal Procedure Code which states
    that warrant can be issued only to secure the presence of any escaped
    convict, proclaimed offender or the person who is evading the arrest, was
    not satisfied as Applicant was willing to appear however could not appear
    due to the bonafied reasons stated herein above.

    5. That the Applicant has every respect for the Ld. Court and he is not
    evading the process of law and absence of an Applicant was not willful or
    deliberate. As per decision the case of ‘Deivasigamani Vs. State, 2003
    MLJ (Cri) 201 (Mad)) which states as “Indeed as per Section 70(2) of
    Cr.P.C., the Judicial Magistrate has all necessary powers to consider the
    orders as regards the issuance of a ‘non-bailable warrant’. It is for the
    Court, if convinced that the absence of an accused was not wilfull, the
    warrant should be recalled as per decision (Yogesh Kumar Bhargava v.
    State of Uttar Pradesh) reported in 2001 Cri LJ, 2835, 2836 (All)”.

    6. That the absence of the Applicant is neither intentional nor deliberate and
    the Applicant undertakes to appear on each and every date of hearing
    before the Ld. Court.
    7. That the Applicant undertakes to abide by the conditions imposed by the
    Hon’ble Court.

    PRAYER:

    Therefore, it is prayed to this Ld. Court that this Ld. Court may please
    graciously, cancel the NBW process under Section 82 and recall the Order
    dated 04.04.2024 and kindly grant bail to the Applicant in the interest of
    justice.
    And/or pass any other order which this Ld. Court deems fit and proper, in
    view of the facts and circumstances and in the interest of justice.

    DELHI
    APPLICANT
    THROUGH
    DATED: ADVOACTE
    Sonam Gupta
    K –19, LGF, Jangpura Extension,
    New Delhi – 110 041

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