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WHEN POLICE FORWARD THE ACCUSED TO COURT?

Section 170 of Cr.P.C. deals with a situation to send a case to the Magistrate when evidence is sufficient.

When an Officer Incharge of a Police Station, while investigating the offence found sufficient reasons or reasonable grounds against the Accused, he then forward the Accused to the Magistrate empowered to take cognizance of the offence on a Police report to try him or commit for trial, provided the offence is bailable and the accused is ready to furnish bail he then be released on bail taking security for his appearance before the jurisdiction Magistrate on a day fixed and or make himself present before the Magistrate on day today basis or otherwise as directed to him.

When an Officer Incharge of a Police Station forwards an Accused to the Magistrate, or take security for his appearance before the Magistrate, any weapon or other necessary article be produced in the Court. And also the Complainant [defacto] and witnesses who have knowledge of the crime be produced before the Magistrate and execute a bond by them for their appearance in the Court to give evidence against the Accused as and when they were called by the Court.

If the bond contains the Chief Judicial Magistrate Court, the same shall mean any Court to which such Magistrate is empowered to conduct inquiry or trial. The notice of such Court should be given to the Complainant and or the witnesses.

The copy of the bond shall be given to the person who executed the bond and the original bond together with the report must be sent to the Magistrate concerned by the IO.

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