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Can CJM issue 83 after chargesheet?


18-Sep-2023 (In Criminal Law)
What process CJM has to adopt after the case chargesheeted in which warrant and sec 82 was issued before, and no coercive was granted by way of CrMP 482 which got dismissed. Can CJM issue Sec 83 or he will issue summon ?
Answers (2)

Answer #1
930 votes
As you have stated in your query that then then Section 82 had been issued but it was hold on due to filing of Section 482, now stay has waived off by court then trial court I.e. CJM have right to issue Section 83 against you
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Answer #2
910 votes
Forget the would be actions taken by the CJM. He may proceed with 83 or may sit idle, but definitely not issue summon. After going through the limited information provided by you, You have only two options left. Go to the Upper Court if exhausted all the options in lower court and second surrender before the court. You might get bail after spending some days or nights.
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