Warrant Recall and NBW Cancellation in Kolkata Courts — Complete Guide

Understanding Warrants: Bailable vs Non-Bailable

A warrant is a court order directing the police to do a specific act — most commonly, to arrest a person and bring them before the court. Section 70 of the CrPC governs warrants. There are two types: bailable warrants and non-bailable warrants. A bailable warrant directs the police to arrest the person and release them on bail upon furnishing a bail bond at the police station. The person does not need to be produced before the court immediately. A non-bailable warrant (NBW) is more serious — the police must arrest the person and produce them before the court. Bail can only be granted by the court, not the police station.

Courts issue warrants in a graduated sequence. First, summons is issued — requiring the person to appear voluntarily. If the person does not appear despite summons, a bailable warrant is issued. If the person still does not appear despite the bailable warrant, the court escalates to an NBW. This graduated approach ensures that NBWs are issued only when the person has persistently defied the court process. However, NBWs can also be issued directly in serious cases without the graduated approach — particularly when the person is considered a flight risk or when the offence is grave.

In Kolkata, the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates at Bankshall Court routinely issue warrants in pending criminal cases. Common scenarios include: the accused in a cheque bounce case stopped attending court, the respondent in a domestic violence case is evading service, or a witness has failed to appear despite repeated summons. The volume of warrant matters in Kolkata courts means that having a lawyer who knows the system and can process the cancellation quickly is essential.

How to Get an NBW Cancelled in Kolkata — Step-by-Step

Step 1: Verify the warrant. Before acting, confirm the details — which court issued it, in which case, when it was issued, and whether it is bailable or non-bailable. Your lawyer can check the court records and the police station's warrant register to obtain this information. Step 2: Prepare the application. Your lawyer drafts an application for cancellation/recall of the NBW, supported by an affidavit. The application explains why you could not appear — illness (with medical certificates), being out of station (with travel tickets), unawareness of the court date (with the summons not being served properly), or genuine mistake.

Step 3: Surrender (recommended). The most effective strategy is to surrender before the court. Your lawyer files the cancellation application and simultaneously presents you before the court. This demonstrates that you are not evading the process. Your lawyer also files a bail application (if the matter is non-bailable) or a personal bond application (if bailable). Step 4: Court hearing. Your lawyer argues that your non-appearance was not intentional, that you have surrendered and submitted to the court's jurisdiction, and that you undertake to appear on all future dates. The court, if satisfied, cancels the NBW and may grant bail or direct you to furnish a bond.

Step 5: Compliance. The court may impose conditions — furnish a bail bond with surety, appear before the investigating officer, do not leave the jurisdiction without permission. Fulfill all conditions immediately. Step 6: Regular appearance. After the NBW is cancelled, it is crucial that you appear on every subsequent court date. If you miss another date, the court is unlikely to show leniency a second time. Your lawyer should keep you informed of all future dates and ensure your regular appearance.