cpc

anticipatory pending but challan filed


IPC 420 , Anticipatory Pending in High Court (i.e. Interim Relief) , Challan filed in court , Can police arrest at this stage? , Please reply with facts, Thanks in advance
 
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1) IF anticipatory bail is pending in the Court, the police can arrest without warrant.

2) Anticipatory bail is mentioned in section 438 of code of criminal procedure  1973:

and it says that in case no temporary order has been passed by Court, the Police may arrest without warrant.

 

 
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Sir, Interim order passed and petitioner joined investigation but final order pending,
Can police arrest at this stage after filling chargesheet
 
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1) Once the interim relief has been granted, there can be no arrest, unless the Investigating officer moves the Court which granted the order, to arrest the accused under section 439(2) of Criminal procedure code. The grounds upon which the officer can mov Court are:

a)absconding

b)Non cooperation during investigation

c)inducing or intimidating or threatening witnesses etc.

2) After this interim order, the Court will take out a notice within seven days, with a copy sent to Superintendant of Police and Public Prosecutor who will get an opportunity being heard before the final order comes out.

 
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1) Fir registered in Jan 2020
2) High Court passed interim order to join investigation in Feb 2020
3) Petitioner joined investigation in Feb 2020
4) Final order date getting postpone due to Covid now date is Oct 2020
5) My question is that if police file chargesheet before final order then can they arrest the accused after filling chargesheet? Petitioner fully corporated with police
 
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He already applied for AB bail in HC which is awaited for final order in oct 2020
 
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