Whether accused can be arrested during investigation under 202 crpc

Raman (Querist) 20 January 2013 This query is : Resolved
Sir,
If the complinant has file the compliant for cognisable offence which was registered and examination of the witnesses are made and the magistrate orders for investigation under section 202 of the Crpc, Since the nature of the crime is cognisable and non bailable whether the accused can be arrested during police investigation under section 202 of CrPC?

Whether the accused has to seek the anticipatory bail before the session court during police investigation under section 202 of CrPC?

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Raj Kumar Makkad (Expert) 20 January 2013
No. During the investigation under section 202 Cr. PC, police cannot arrest the accused. This report is to be produced before the magistrate who after taking the whole matter on file, shall decide whether to issue notice to the accused or not.

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