Arresting Accused Post-Chargesheet Filing and Court Cognizance is Illogical:- The Hon’ble Supreme Court of India has criticized the practice of arresting an accused after the court takes cognizance of the chargesheet if the accused was not arrested during the investigation. This issue was raised concerning Uttar Pradesh police, with the Court terming the practice "unusual" and nonsensical. A bench of Hon’ble Justices JB. Pardiwala and R. Mahadevan emphasized and noted that "once the investigation is over and charge-sheet is filed then the accused should be asked to appear before the Court concerned and should furnish bail to the satisfaction of the trial court. If at all, the Investigating Officer wanted to interrogate the petitioner, he could have arrested him during the course of the investigation itself. Now there is no point in making a formal arrest. In such circumstances, referred to above, we order that the petitioner herein shall appear before the CBI Court, Gorakhpur and furnish bail to the satisfaction of the Court". In various previous judgments clarified that enforcement agencies cannot arrest an accused after the trial court has taken cognizance of the chargesheet. These observations arose while granting bail to an accused under the Prevention of Corruption Act. #supremecourtofindia #PoliceArrests #UPPolice #policeoveraction #LegalReforms #PreventionOfCorruptionAct #CriminalJustice #RuleOfLaw #LegalGuidelines #indianlaws Legis and Associates
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