Shruti Mishra 24 July 2020

B-warrant under section 209(1)(b)

when an accused got arresting stay in june 2018 from high court u/s 173(2) and chargesheet has been filed in May 2019 after taking statement of accused, but same accused is still under judicial custody in some other cases. is it possible to serve B-warrant to the accused. if yes than who will ask to the magistrate for B-warrant whether IO or prosecution will application application for B-warrant?

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Shruti Mishra 25 July 2020

FIR got registered in September 2017, instead of arrest accused got arresting stay till submission of chargesheet in june 2018 from high court IO filed chargesheet in may 2019. Now current scenario is same accused still lodged in jail in other criminal cases. so can we sever b warrant to that accused in my case. if yes, than who is the appropriate person to ask to the magistrate for B-warrant