A warrant recall application is a formal petition to the court that issued an arrest warrant, requesting that the warrant be recalled (cancelled) and the case restored to its normal hearing schedule. This is often the most effective way to deal with an arrest warrant — avoiding arrest entirely while regularising the accused's position before the court. TRW — Tahmidur Rahman Remura Wahid Law Associates files warrant recall applications across all courts in Bangladesh with a high success rate.
When Is a Warrant Recall Application Filed?
A warrant recall application is filed when: the accused was unaware that a case had been filed against them; the accused was unable to attend court due to illness, travel, or other genuine reasons; the accused was not properly served with the summons; the accused's previous lawyer failed to attend court without informing the accused; or the accused has recently become aware of the warrant and wishes to regularise their position. The application must be filed promptly — the longer the delay, the more difficult it becomes to persuade the court to recall the warrant.
Legal Basis for Warrant Recall
The court's power to recall a warrant is inherent in its jurisdiction. Under Section 75 of the CrPC, a warrant is issued when a summons has not been complied with or when the court is satisfied that a summons would not be effective. The court that issued the warrant has the power to recall it if it is satisfied that the accused has a valid explanation for non-appearance and will attend court in the future. The court may impose conditions on the recall, such as requiring the accused to deposit a bail bond or to surrender their passport.
How TRW Prepares a Warrant Recall Application
TRW's warrant recall application includes: a detailed explanation of the reasons for non-appearance; supporting documents (medical certificates, travel documents, etc.) where relevant; an undertaking that the accused will appear before the court on all future dates; a bail application (if the warrant is non-bailable); and a request that the case be restored to its normal hearing schedule. TRW appears before the court on the date of hearing and argues the application, addressing any concerns the court may have. In most cases, TRW successfully recalls the warrant on the first application.
Simultaneous Bail Application
If the warrant is non-bailable, TRW files a bail application simultaneously with the warrant recall application. This ensures that even if the accused is arrested before the warrant can be recalled, bail is available immediately. TRW also considers whether an anticipatory bail application before the Sessions Court or High Court is appropriate to provide additional protection. See our guides on bail petitions and what to do when a warrant is issued.
How Barrister Tahmidur Rahman Can Help
Barrister Tahmidur Rahman and TRW's criminal law team have successfully recalled warrants in hundreds of cases across Bangladesh. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can a warrant be recalled without the accused appearing in court?
A: Generally, the accused must appear in person before the court for the warrant to be recalled. TRW accompanies the client to court to ensure the process is smooth and safe.
Q: What if the warrant has been outstanding for a long time?
A: The longer the warrant has been outstanding, the more difficult it is to recall. However, TRW has successfully recalled warrants that have been outstanding for years by presenting compelling explanations.
Q: Can a warrant be recalled in a cheque dishonour case?
A: Yes. Warrants in cheque dishonour cases are commonly recalled when the accused was unaware of the case or was not properly served.
