The issuance of a Non-Bailable Warrant can be contested if the absence is justified due to unavoidable circumstances.

ORDER

Challenging the issuance of NBW warrant issued by the Trial Court, the present petition has been filed.

2. The Trial Court has issued NBW taking note of the fact that A1 and A2 were absent on 20.09.2025. When the case was posted for charge framing, the Trial Court, in fact, did not accept the petition filed under Section 317 of CrPC/355 of BNSS . It is the contention of the petitioner that due to father's medical ailments, they could not appear before the Court. Their absence was neither wilful nor wanton. They also filed an application under of CrPC/355 of BNSS , however, the Trial Court did not accept the same and issued NBW. Hence, seeks for quashing of the order.

3. Such view of the matter, let the petitioner appear before the Trial Court on the next hearing date, scheduled on 24.10.2025. On the same day, let the petitioner file an application to recall the NBW, if not filed earlier and the Trial Court shall recall the NBW on the very same day and frame charges as against the accused

4. With the above directions, this petition stands disposed of.