Summons after filing of charge sheet in cognizable cases

AMOL KAVITKAR (Querist) 10 May 2021 This query is : Resolved
is it mandatory to send summons to accused on bail after charge sheet has been filed ? can court directly issue non bailable warrant in absence pf summons to accused ? what are the related provision in crpc?

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This discussion clarifies the process following the filing of a charge sheet in cognizable cases. Generally, courts must issue summons to the accused, even if they are on bail. A Non-Bailable Warrant (NBW) is typically only issued if the accused fails to appear after receiving the summons. The Investigating Officer has a duty to ensure the accused is present or compelled to attend court when the charge sheet is filed.

Dr J C Vashista (Expert) 11 May 2021
At the time of filing of charge sheet it the duty of IO to direct / compel the accused to be present in the Court and provide a copy of complete set of charge sheet to accused in the court.
if the accused do not attend the court, NBWs shall be issued against the accused.

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Sankaranarayanan (Expert) 11 May 2021
Nothing more needed to add. the expert explained well with clear standard

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Advocate Bhartesh goyal (Expert) 11 May 2021
I too agree with experts.

Pradipta Nath (Expert) 12 May 2021
Agreed with the Experts.

T. Kalaiselvan, Advocate (Expert) 12 May 2021
Once the police is filing the charge sheet before the trial court, and after the court takes it on its files, the court will send summons to the accused to appear before it for participating in the trial proceedings as per law.
The court will not issue NBW before issuing summons, if the accused remains absent despite receiving summons then the court may issue NBW against the accused.

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P. Venu (Expert) 15 May 2021
What are the facts? What is the context?

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