About crpc sec 70

vinodkumar (Querist) 14 June 2015 This query is : Resolved
IN ONE CRIMINAL MATER, IPC 406'465,467,409, 420, ETC, THE ANTYCIPATRY BAIL APPLICATION IS PENDING IN HON.GUJ HIGH COURT, DURING THIS PERIOD POLICE FILED A CHARGSHEET IN THIS MATER, AND MENTION IN COLUMN NO 2 OF CHARGSHEET, AS A WANTED ACCUSSED { THE PETIONER OF ANTY BAIL} IN THIS SITUTATION WHAT IS LEAGLE REMADY? STILL TODAY POLICE HAS NOT ISSUE A NOTICE OF CRPC 160. WITHOUT ISSUING CRPC SEC 160 NOTICE, THIS IS POSSIBLE?

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Devajyoti Barman (Expert) 14 June 2015
Police made a mistake.. till notice is received the accused may not appear in lower court.

Gagandeep Goel (Expert) 15 June 2015
No need of notice to b served by police.
Arrest can b made directly by police ij absence of any stay..
Reason 409 n 467 carry punishment for more than 7 years.
Hence section 41 not applicable.
Further 160 not applicable in absence of anticipatory bail