gfiles magazine

September 8, 2016

One order, many yardsticks

Subordinate courts across the country must follow the law scrupulously, whether it is laid by one High Court or the other

It is common with CBI investigations that the agency arrests only the main accused during the investigation stage and the chargesheets are filed without arresting the other accused. In some cases, none of the accused is arrested during the investigation. When such chargesheets are filed in court, the courts have discretion under Section 87 r/w 204 of CrPC whether to issue summons or warrants of arrest. It is also thus common that the courts normally only issue summons, and not warrants, to seek presence of such accused while taking cognizance of the chargesheets. It is, thus, safe to conclude in such cases that whenever CBI feels that the accused is cooperating with the investigation—is not interfering with the investigation; is not in any way destroying or scuttling evidence; is not trying to influence witnesses and is not likely to run away— it does not arrest such an accused and files a chargesheet.

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