Section 506 (2) of IPC

This query is : Resolved 

Guest (Querist)
10 August 2009

A person was charged with petty offences (in a neighbours quarrel case) and let-off on bail by the police. As the individual did not receive any summons for the trial, he presumed it to have been time-barred. After a gap of 2 years, now the police has served him summons with a serious section of 506 (2) of IPC [Which I think is to cover-up the delay in forwarding charge sheet to the magistrate and/or pressure from the complainant]. In such a scenario, since 506 (2) is a non-bailable one, on the date of appearance, what are the precautions are to be taken for the accused, before the Magistrate Court?

Thanks & Regards.

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Sarvesh Kumar Sharma Advocate (Expert)
10 August 2009

what r d grounds in which d police frem d chargesheet against d accused?
is there any recovery from d accused on d time of arrest?
if not then how 506(2)made out?
is ur clint has any wepon?
if all answer's r negetive dn take certify copy & go 2 highcourt for queshing d chargesheet.

10 August 2009

I think you must approach the court and furnish bail. Thereafter, if you find that there is no prima facie case, then make an application for discharge. If that does not materialize, then approach higher courts.

charudureja (Expert)
10 August 2009

I agree with Mr Pslnitkar

charudureja (Expert)
10 August 2009

I agree with Mr Pslnitkar

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