Ipc 420


The guy who cheated me fled the country in 2014. police submitted chargesheet in 2015 stating he is unfound. court issued summons in feb 2016 and the case is posted on july 2016.

Now the culprit  comeback from gulf for vacation, but police denied to arrest him stating that the case is in court, only summons is issued and no warrant issued. Culprit is planning to return within two weeks, 

What I can do to arrest him before he go again

 
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LEGAL CONSULTANT

Unless warrant is issued by the court the police cannot arrest the accused,once the matter is in the court.

 
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Lawyer

U need to file case in court. Then court will issue warrent . Police will arrest him.

THanks

 
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LEGAL CONSULTANT

U can press in the court for issue of warrant if he does not turn up for the next adjournment.

 
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420 IPC, is a major offence, non-bailable, and cognisible (police can arrest without warrant), punishable with imprisonment for 7 years.

As suggested by many experts, you should pray in court to issue NBW for secure the presence of accused. It is only to ensure the  presence of accused on date of hearing when accused does not appear in a criminal lawsuit.

I want to ask to Experts, if this is a cognisible offence, why the police is waiting for the issuance of warrants?

I know, it’s a very basic question, but certainly it comes to my mind.

 
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LEGAL CONSULTANT

Under the Criminal Procedure Code, commonly known as CrPC,  cognizable offence allows the police to directly register FIR and immediately after primary investigation arrest the accused without a warrant..

 
  
YSRAO JUDGE
Y.SRINIVASA RAO, M.A(English).,B.Ed.,LL.M.; Judicial Magistrate of I Class; Topper in LL.M
 
 

The Power of The Magistrate Under Section 156 (3) of Cr.P.C

The information under section 154 of Cr.P.C is generally known as F.I.R. It is pertinent to see that the word '' first'' is not used in Cr.P.C in section 154 of Cr.P.C. Yet, it is popularly known as FIRST INFORMATION REPORT. Nevertheless a person,who is a grievance that police officer is not registering FIR under section 154 of Cr.P.C, such a person can approach Superintendent of Police (SP), with written application, under sub-section 3 of section 154 of Cr.P.C. In case of SP also does not still register FIR, or despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can approach Magistrate concerned under section 156 (3) of Cr.P.C. If that be so, it is very essential and interest to know the powers conferred on Magistrate under section 156 (3) of Cr.P.C. Therefore, I deem that it is very useful if it is discussed with relevant case law as to the powers of Magistrate under section of 156 (3) of Cr.P.C.


Section 156(3) is very briefly worded. The powers of Magistrate are not expressly mentioned in section 156 (3) of Cr.P.C. If that be so, a paucity will be crept mind that whether there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same or not.

That too, an aggrieved person has right to claim that the offence he alleges be investigated properly. However, The Hon'ble Supreme Court held in CBI & another vs. Rajesh Gandhi and another 1997 Cr.L.J 63 (vide para 8) that no one can insist that an offence be investigated by a particular agency.

 
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LEGAL CONSULTANT

The above information is only for enlightnment of cognzable offence from an article  by the above mentioned Judge.

Well as there are many flaws in our Police system and the Judiciary as well,such acused are given a chance to roam scott free,giving them ample time to escape initial legal hurdles.An arrest warrant issued by the Judicial Magistrate clearly indicates that the police have failed to immediately arrest the accused once the FIR is filed.

 

 
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Thanks Sainath Sir, for the clarification.

 

Regards,

Ekta

 
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