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Human (MRA)     20 July 2012

Arrest after chargesheet is submitted

Dear Experts,


Need some help.


Can Police Arrest an accused for a non-bailable offence (like IPC  498A or IPC 406) after submitting the chargesheet?

My friend's case is in Uttar Pradesh and hence he had got Stay on Arrest (till Chargesheet is filed). Now Police has filed the Chargesheet with the lower court (making HC's Arrest Stay null n void).

Now, can the Police Arrest him u/s IPC 498A / 406 since Stay from HC has lapsed now?


Is there any Judgment from Allahabad HC or Nainital HC or Supreme Court which can be referred to in case Regular bail is applied in the Trial Court seeking Regular Bail?


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