We are, in fact, faced with a situation where contrary to the observations in Joginder Kumar’s case how a police officer has to deal with a scenario of arrest, the trial courts are stated to be insisting on the arrest of an accused as a pre-requisite formality to take the chargesheet on record in view of the provisions of Section 170 of the Cr.P.C. We consider such a course misplaced and contrary to the very intent of Section 170 of the Cr.P.C.
In the present case when the appellant has joined the investigation, investigation has completed and he has been roped in after seven 4 Joginder Kumar v. State of UP & Ors. (1994) 4 SCC 260 9 years of registration of the FIR we can think of no reason why at this stage he must be arrested before the chargesheet is taken on record. We may note that learned counsel for the appellant has already stated before us that on summons being issued the appellant will put the appearance before the trial court. We accordingly set aside the impugned order and allow the appeal in terms aforesaid leaving the parties to bear their own costs.
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