Mediation, arrest and charge sheet in Uttar Pradesh-  a Lawyer’s view from LawyersClub

Arrest after ChargeSheet Submission!!


by  Shruti on 01 May 2011

Hi Friends,
We have stay of arrest from High Court till Chargesheet is filed by Investigating Officer.
I have a question can police arrest after the chargesheet is filed? I have heard that police task is finished once the chargesheet is submitted,
Thanks,
Shruti

—— REPLY BY  Member (Account Deleted) on 01 May 2011 ——
@Shruti- The arrest stay is granted by Allahabad High court persuant to filing of criminal writ petition and the cases are referred to mediation Centre allahabad. The petitioners have to deposit a sum directed by the HC approx 8k and until medition submits its report the arrest is stayed.
1. In current scenarion HC states specifically in the orders of stay arrest that Chargesheet should not be filed by IO though he may continue with the investigations so firstly check that if your order specifies so or not. In case it does IO will not file chargesheet as he is not allowed to do so.
2. Hope you have deposited the mediation fees and dates have been confirmed from mediation centre. If there is any default in your appearence your stay will be vacated so please personally get in touch with mediation centre for the first date as have seen many times the dates are missed causing stay vacation. The number of mediation centre is @ 0532-2423865 and Mr. Vijay Singh is incharge of the mediation centre. In case dates are not confirmed please speak directly instead of depending on your lawyer.
3. If chargesheet is filed you will receive summons from the trial court for appearing. On that date you will need to secure bail but in case your case is pending in mediation and chargesheet is filed you can make your lawyer submit the HC interim arrest stay order and take a further date without securing bail. There is no need to secure bail if mediation is pending.
4. Though the mediation centre makes all efforts to solve the cases amicably so hopefully you wont need to secure bail and your case may get quashed there itself.
5. Do keep a track about the chargesheet submissions if your Stay arrest order dont say that chargesheet should not be filed as in case its filed and you dont receive the summons and so dont appear then your bailable warrants may be issued and on second default non bailable. So just keep track and once its filed and mediation pending then you can always submit interim stay order thats issued to Trial court.
6. Though HC order would have already been sent by HC directly to the concerned CJM court.
7. In case your HC orders say that chargesheet should not be filed then you would have ideally submitted a copy of that order with the concerned police station where the FIR was registered.
If I understand correct is it Sec 498A case as you did not specify in the question.
by  

Member (Account Deleted)

  on 01 May 2011
——– and ——
want to add further once the mediation centre submits its report after the mediation if it succeeds than the FIR will be quashed and if it fails then on the next listing the court will decide on yor stay of arrest.
1. Generally your lawyer can take direction from HC for same day hearing of your bail plea in the concerned CJM court. As many times it happens when the person appears before the court for bail the court may not hear the application on that day and in that case since you are present you will be taken in custody.
2. Else you can plead for stay of arrest to continue upto the framing of charges. In case you succeed in this then you can be in peace without any worries for long.
Time is the main test in these cases the longer you are able to sustain the pressure you will succeed. As the other side would be happy that they have built pressure on you and your family by filing 498A /DV /Maintenance but ultimately they would be under social pressures that would bring them down as no one wants to be engaged in these cases throughout life and waste their time and mental peace.
So once charge is filed do again file a Sec 482 – Quashing of Chargesheet and hold the case there in Allahabad for another year. Have seen cases settling at Zero but then time is the main factor.
Source 

http://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=36161

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