Arrest warrent if no bell taken by accused
B Pradhan Singha
(Querist) 19 April 2013
This query is : Resolved
Dear experts,
I have a case U/s 365,366, 506, 497 IPC against my In-laws and alleged 2nd husband of my wife.
at the time of FIR my wife's 2nd husband name was unknown. But during investigation he came in to the light and there is some evidence before the police to established him as her alleged husband.
Although my wife had given her statement on behalf of her parents but she wrongly admitted her 2nd marriage and also disclosed her 2nd husband name during witness before the police.
Now fact is that, my in-laws had taken bail from court but her alleged 2nd husband had not taken any bail.
So, can the police arrest him( her 2nd husband) before submitting charge sheet?
Is there any exemption to take bail for any person, who mentioned as a accused in FIR but at the time of FIR whose name was unknown.
may i ask police to arrest him?
Please reply.
Raj Kumar Makkad
(Expert) 20 April 2013
If police has impleaded that person as an accused then definitely he shall be duly arrested and shall be brought before the concerned court by police. You can get it enquired from police.
Rajarshi Bhowmik
(Expert) 20 April 2013
Sure u may approach police or if his name has transpired during investigation he will be definitely be charge sheeted and in such event he will not only be required to obtain bail but also will have to face the trial and if his guilt is proved he will be punished.
Advocate Ravinder
(Expert) 12 May 2013
Since all the sections stated above are against him, so he is the main accused among other accused. There might be some mistake in recording FIR. Inform the police. They will definitely do necessary corrections in the court to add him in the FIR. It is a procedural matter. Nothing to worry.
