In a criminal case where the accused person not appearing before the court regularly after issuing summons will make thecourt to issue warrant against him. A warrant has the validity upto the stage when the accused is arrested and brought before the court or the accused surrenders before the court. If the accused surrenders before the court the warrant has to be recalled unless he may be arrested by the police officer who has the warrant to be executed with him.
Thus the accused has to apply to the Court to recall the warrant. The draft format is shown below:
Before the Honourable Judicial First Class Magistrate Court_____(enter station name)
CC/ST No.______(enter case number and year)
Complainant:______(enter name of the complainant)
Petition to Recall Warrant Issued Against Accused
1. This is a petition filed by the accused/counsel for the accused in the above numbered case for recalling the warrant issued against him.
2. That the case was charge sheeted against the accused and was posted for his appearance on ________(enter date).
3. That the summons in the above case was not personally served on the accused.(There may be other reasons also. It can be drafted upon your need). At the time of issuance of the summons the accused was working abroad for his livelihood. The accused came home only on _______(enter date). Then only he came to know about the fact of issuance of warrant.
4. It is further submitted that the accused is a law abiding citizen and the cause for not appearing before the Court was not intentional. It was not due to the wilful default of the accused.
Hence it is prayed that this Honourable Court may be pleased to condone the non-appearance and thereby recall the warrant issued against the accused.
Dated this the ________(enter date)