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Is a charge sheet filed with out arresting u / s 420 467 468 471


25-Jun-2023 (In Criminal Law)
Sir will you please confirm us is a investigation officer file a charge sheet without arrested u/s 420 467 468 471
Answers (3)

Answer #1
595 votes
Dear Client,

Yes investigation officer can file a charge sheet without an arrest but now the warrant will be issued and the accused will be arrested after which the bail will be moved before the Lower Court and if the same get dismissed it will be appealed or in alternate you may file a petition before the Hon'ble High Court thereby challenging the chargesheet filed below.

Regards
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Answer #2
565 votes
you need to tell me more details of cases. on what circumstances these charges are framed. is the case already registered or you are going to frame the registration process. need to know complete situation details and history then only I can suggest you what needs to be done according to law how you can protect your rights.

Answer #3
688 votes
on the above mentioned query , yes, the investigation officer can arrest or taking custody of the accused , if the accused is not present on '41a ' proceedings or not given his statement under 161 criminal procedure code. the accused has the duty to appear on '41a' notice and it is compulsory for the accused. if he/she fails, the this is resulting the arrest.

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