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Saptarshi Paul (Advocate)     17 February 2012

Complain u/s 156(3) crpc

Complainant made criminal complains U/s 156(3) crpc before Chief Judicial Magistrate u/s 384,395, 506 & 34 of IPC. The Chief Judicial Magistrate has directed the Police to register a case. 1. can police arrest the accused as IPC 384,395 are non-bailable just immediately after registering the case or the police will send report u/s 173(1) crpc to CJM. 2. what should the accused do to avoid arrest. 3. Can accuse surrender before court. 4. Can the court send the accused custody when the accused surrender Being as an advocate what step should I take to protect the accused. Regards



Learning

 2 Replies

sridhar pasumarthy (ADVOCATE)     18 February 2012

police can arrest the accused after registering FIR.

Move an application for anticipatory bail

If accused surrenders before the court, he will be remanded to judicial custody

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     19 February 2012

Agree with the above views.
 


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