Kartikey Tiwari 25 April 2024

Law query related to accused

Where life and liberty of an accused is at stake, can it be presumed that process u/s 82 CrPC and 83 CrpPC might have been issued by the Court during Police Investigation Stage prior to filing if Charge Sheet that resulted into FIR U/s 174 A IPC, despite the fact there is no documentary evidence on Case Record File of 174A case to show that the provisions of section 82, 83 CrPC have ever been complied with or have ever taken place?

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Quick Summary

This discussion addresses a query regarding the issuance of court processes under Sections 82 and 83 of the CrPC prior to the filing of a charge sheet, specifically when it leads to an FIR under Section 174A of the IPC. The core concern is whether these procedures can be presumed to have been followed, even without documentary evidence. The response suggests the query might stem from a misunderstanding of legal procedure and advises presenting clear facts to highlight any actual issues, noting that such matters are typically resolved during a trial where objections can be raised.