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Can police add offences after consulting govt lawyer in a case filed
19-Jan-2023 (In Criminal Law)
Hiii , my case is going on investigation, We are 4 members in this case /i have arrest stay of two persons crime no.344 ipc 323, 504, 506 , 380, 420 , we all (4) are bail out on the same ipc section, but during investigation police added section 467, 468, 471, 120b, 175 , now matter is this we have arreste stay in crime no . 344/2016 ,in Highcourt order there is clearly mentioned that police can not arrest till the submit the police report, now question is this can police arrest all the 4 member behalf of added section or second question is this police added 467, 468, behalf of photo state of will he don't have original copy of the same will, investigation officer said to me that he has add this section after talking the advice of government advocate can he take advice to government advocate.and Highcourt gave arrest stay on crime no or ipc section?
High court has been given stay for the crime number but I may not agree with you that your arrest has been stayed till the submission of charge sheet. It may be stayed till the submission of charge sheet or until the credible evidence has been collected against you.
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Adv. Siddhartha Mishra
Allahabad | 100+ Answers
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Police can take help of public prosecutor during investigation. You have already obtained interim order from high court. Now as you say additional sections are added in the police report. Now you have two options. 1. Go to high court and challenge police report as well as seek bail. 2. Appear before the magistrate and obtain bail on additional sections. But 2nd options mean that you have appeared and will face trial. Better to consult a lawyer along with complete papers and seek professional opinion.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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Police can increase or decrease sections in the case as per their investigation arrest stay is till the submission of charge sheet by the police , you have to move to high court till obtain bail in the said case.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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Yes but after order of court there is the provision in law but u all are have option to file 482 u/s Cr.p c to qush the order but no arrest without proof so u also have arrest of stay enjoy ur bail order
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Adv. Pradeep Kanaujiya
Lucknow | 25+ Answers
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