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Supreme Court of India 2021-08-16 allowed

Siddharth vs State of Uttar Pradesh & Anr

Bench: 2 — Sanjay Karol, Alok Aradhe

In Brief

Siddharth was sought to be prosecuted in an FIR registered seven years earlier alongside 83 others, claiming to be a supplier who paid royalties in advance and was not involved in tendering. After joining investigation and having the charge-sheet ready, the trial court refused to accept it unless Siddharth was arrested. The Supreme Court held that Section 170 of the Cr.P.C. does not mandate arrest before filing a charge-sheet. 'Custody' merely means presenting the accused before court, not police/judicial custody. Where an investigating officer believes the accused will not abscond or disobey summons and has cooperated with investigation, arrest is unnecessary. The Court emphasized that personal liberty is paramount, and arrest should only occur when genuinely necessary.

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