Arrest - It is not mandatory for Officer-in-charge to forward each and every accused in custody while filing the charge-sheet - CrPC S. 173

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CrPC , S. 173(2)(i)(g) – The very word “Whether” referred in Clause (g) of Sub-section (2)(i) shows that it is not mandatory for Officer-in-charge to forward each and every accused in custody while filing the charge-sheet in non-bailable offences where there is sufficient ground to try the case. Had there been any imperative need to forward every accused in custody, then there was no need for particulars regarding Sub-clauses (d) and (e) i.e. “whether any offence appears to have been committed, and, if so, by whom” and “whether the accused has been arrested.” This conclusion is derivative of Section 170, Cr.P.C.

2004 PLRonline 0003 (Del.)

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Arrest – It is not mandatory for Officer-in-charge to forward each and every accused in custody while filing the charge-sheet – CrPC S. 173

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