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Showing contexts for: section 170 criminal procedure code in Ms Xxx vs State And Anr & Anr on 5 May, 2025Matching Fragments
12. At this stage, it becomes pertinent to refer to Section 170 of Cr.P.C. which governs the procedure when a police officer forwards an accused to the Magistrate after completion of investigation. Section 170 of Cr.P.C. is set out below:
―170. Cases to be sent to Magistrate when evidence is sufficient.
(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
14. In this regard, it shall be apposite to take note of the decision of Hon'ble Supreme Court in Siddharth v. State of U.P.: (2021) 1 SCC 676, wherein it was held as under:
―9. We are in agreement with the aforesaid view of the High Courts and would like to give our imprimatur to the said judicial view. It has rightly been observed on consideration of Section 170 CrPC that it does not impose an obligation on the officer-in-charge to arrest each and every accused at the time of filing of the chargesheet. We have, in fact, come across cases where the accused has cooperated with the investigation throughout and yet on the charge-sheet being filed non-bailable warrants have been issued for his production premised on the requirement that there is an obligation to arrest the accused and produce him before the court. We are of the view that if the investigating officer does not believe that the accused will abscond or disobey summons he/she is not required to be produced in custody. The word ―custody‖ appearing in Section 170 CrPC does not contemplate either police or judicial custody but it merely connotes the presentation of the accused by the investigating officer before the court while filing the chargesheet.‖
16. The Hon'ble Supreme Court in the above passage has clarified that Section 170 of Cr.P.C. does not mandate the arrest of an accused at the time of filing of the chargesheet or appearance before the Magistrate, especially when the investigating agency does not seek custodial interrogation. The process under Section 170 is essentially procedural and intended to ensure the accused's appearance before the court. In such cases, the Court may secure the accused's presence through Section 88 of Cr.P.C. without insisting on arrest or bail, and there is even no requirement for the accused to move a bail application unless remand is sought.
17. The Hon'ble Supreme Court in Satender Kumar Antil v. CBI & Anr. (supra) has also laid down comprehensive guidelines to govern the issue of grant of bail after filing of the chargesheet, particularly in cases where there has been no arrest during investigation. Recognizing that a large number of bail applications were being filed owing to an erroneous interpretation of Section 170 of Cr.P.C., the Supreme Court undertook to classify the nature of offences and prescribe corresponding modalities for dealing with accused persons at the post-chargesheet stage.