Raman (student) 20 January 2013

Whether arrest can be made under section 202 of crpc??

Sir,
If the complinant has file the compliant for cognisable offence which was registered and examination of the witnesses are made and the magistrate orders for investigation under section 202 of the Crpc, Since the nature of the crime is cognisable and non bailable whether the accused can be arrested during police investigation under section 202 of CrPC?

Whether the accused has to seek the anticipatory bail before the session court during police investigation under section 202 of CrPC?

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5 Replies

**Victim** (job) 20 January 2013

It all depends on court order and IO. if court orders to arrest the opponents then in that case arrest will happen and if court orders only to take the statement and submit to court then in that case after the police report is submitted then court will see whether or not case is made out. I think you should find out what is court order as far as Crpc 202 is concerned ? If the judge has ordered to arrest the opponent better seek AB else if they police is just going to take statement then do not worry.

Rahul Kapoor (Legal Enthusiast) 21 January 2013

what are the charges against the accused ?

Chetan Joshi (Advisory/Advocacy) 21 January 2013

Since the application was moved under 202, apprehension of arrest can be inferred which suggests that anticipatory bail should be availed...

Regards

Chetan(dot)7679(at)gmail(dot)com

Rashid Ali (own practice as a criminal lawyer) 21 January 2013

dear querist 202 crpc is the stage of statement of evidances in a complaint cases. after that magistrate summons the acccused to present before court for bail.

anand (director) 17 April 2013

If the Magistrate orders for a Police Report u/s.202 of Cr.p.c. and if the Police tries to favour the Accused by giving a clean chit to him/her during submission of the Report is the Case liable to be dismissed? Because these kind of Corruption is rampant in the Police departments that too when the Accused is an influential person.

Can the Complainant contest the case further before the Magistrate and prove that the Police has not submitted a proper and just report?

I need some clarification about these issues from the Experts over here, since I have filed a Criminal Complaint before the FC Jud' Magistrate u/s. 200 of Cr.P.c. After taking my statement and after going through the Documents filed therein the Order was passed by the Magistrate. Kindly advice since the Accused are a very Influtential Person and they can easily twist the Police Report.