Ipc 419,468,471
Rasheedkhan
(Querist) 15 April 2012
This query is : Resolved
FIR registered U/s IPC419,468,471 still accused not arrested by investigating officer!
What I have to move next step to arrest accused?
How many days need to investigating officer to file chargesheet submit to Magistrate?
During investigation is necessary to arrest accused or?
Adv.R.P.Chugh
(Expert) 15 April 2012
Mr.Khan,
It is the prerogative of the state/investigating officer to decide whether to arrest the accused or not. It is not that in all cases where the offence is cognizable - that arrest is required to be made. If no custodial interrogation is required to unearth the crime, or the accused being at large is not detrimental to prosecution of case, Police may not arrest. The Power to arrest is one thing and the justification of it's exercise is another - the SC has said. The police officers have to justify the imperative need for arrest in each case.
However if you feel that the IO is acting at extraneous considerations and is not arresting the accused because of that, you can approach your local magistrate u/s 156(3) wherein he can monitor the investigation to ensure it is effective/fair and impartial.
As regards the time limit to file chargesheet. There is no time limit, though on elapse of 60/90 days the accused gets right to bail if in custody.
Shonee Kapoor
(Expert) 15 April 2012
Yes, you can move court, if you think the IO is acting funny and is colluding with the other party.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 15 April 2012
The provision vide which you can move to the magistrate to direct the IO to do free and fair investigation and even you can move for changing the IO to the trial magistrate under section 156 (8) Criminal Procedure Code.
Devajyoti Barman
(Expert) 15 April 2012
The petition may be moved for calling for the record of the IO.
However you can not force the Court to cause arrest only.
