The Andhra Pradesh Criminal Rules of Practice and Circular Orders, 1990 says that
Rule 30: When an accused is released on bail during investigation, he shall be bound over to appear in Court after the chargesheet is filed and summons served on him. It is not necessary to bind him to appear on any earlier date or dates.
This rule is framed in almost every state which the High Court of that respective state enforces on ALL magistrates or criminal courts under it(their jurisdiction). Basically it dictates the code and procedure/guidance to be followed in the criminal courts. It derives its power from the Cr.P.C 477 and is notified. Hence, mandatory.
Unnecessarily many people are attending court and many Magistrates are issuing Non-Bailable Warrants i.e exercising their powers ultra vires the rules. They are bound by it. This must be brought to the notice of the magistrate and if he does issue , then HC will give you respite even after chargesheet - dispense with appearance petition. These rules are mandatory and binding not directory on them but due to ignorance and prodding by opposite side lawyers to make arrest for all silly reasons. The fear of arrest is pervasive and must be resisted by all.
The reason the advocates do not tell you this is that every time you attend court, the advocate gets some extra walking money. You get an adjournment(next date) and you take leave from office the next date and have to pay again. This is harassment on the part of the Magistrate.
However, this rule will apply only before chargesheet is filed and summons issued. Notice the word 'AND' summons issued to you. You should be informed through summons and thereafter it is the Magistrates discretion.
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In Maharashtra there is some good news recently - state relief where couples are sent for counselling when wife has complained of IPC 498a and not immediate arrest unlike what is being done to satisfy lust of their wives. These corrupt bastardized Indian Police who openly flout Supreme Court directions and cannot understand when 'arrest' is warranted just to get a new necklace or lingerie for their wives. . http://timesofindia.indiatimes.com/city/mumbai/State-relief-for-harassed-husbands/articleshow/6193511.cms
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