Surrender of Accused in Court During Police Investigation - A Predicament
By
Banabihari Sen Gupta
An F. I. R. is lodged at the P. S. at x against A, a person having business at Y, a distance of about 300 miles, for the alleged commission of an offence of cheating under S. 420, I. P. C. The police start investigation, the case being a cognizable one. The accused surrenders before a Magistrate having jurisdiction at x. The Magistrate releases the accused on bail on heavy security with sureties after perusing the F. I. R. The police did neither detain nor arrest the man, hence there was no question of forwarding him to the Magistrate.
The stage is the stage of investigation under Chap. 14, Cr. P. C. The I. O. not having completed his investigation, prays for time, the Magistrate complying with the request. A number of adjournments have thus been granted. The accused on bail appears each time from a long distance only to be told that the case has again been adjourned at the request of the I. O. who has not yet been able to close the investigation and submit his report. It ma ....