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Court can issue warrant only after filing of chargesheet

In JAYSUKH @ JAYESH MULJIBHAI RANPARIYA (PATEL) VS. STATE, the Hon'ble  GUJARAT HIGH COURT, the Court cannot issue warrant in aid of investigation prior to filing of chargesheet. Issuance of warrant, without serving notice or bailable warrant and that too in aid of investigation without direction to produce the accused before the appropriate Court is liable to set aside.

The Hon'ble HC also said that  once litigant is before the Court by filing of any proceeding, then, he is to be treated in judicial custody and in that case, it would be appropriate for the concerned Court to pass appropriate direction to such Petitioner to appear before the competent authority in aid of investigation and to ensure that investigation is completed.

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