IMPORTANT POINT
Notices under Section 41A of the Cr.P.C. must include the crime number and relevant details to ensure transparency and protect the rights of the noticee.

ORDER :

(M. Nagaprasanna, J.) :

The petitioner is before this Court calling in question a notice dated 06-06-2024 issued by the 4th respondent/Sub-Inspector of Police, Amruthalli Police Station under Section 41(1)(a) of the Cr.P.C.

2. Heard Sri M. Aruna Shyam, learned senior counsel appearing for the petitioner and Sri Harish Ganapathi, learned High Court Government Pleader appearing for the respondents.

3. The facts, in brief, germane are as follows:-

The petitioner claims to be a reputed renowned senior Journalist. The averments are that he has worked in reputed media channels and news papers to name a few, ETV, TV-9, Samaya TV, Janasri Bhrarth-1 and Vijaya Karnataka. It is the further averment that he has worked in various capacities like, reporter, anchor, editor-in-chief, CEO and Director. The story in the petition commences from a notice that he has received on whatsapp on 06-06-2024, issued by the 4th respondent calling upon him to appear before him at Amruthahalli Police Station on 07-06-2024 at 10.30 a.m. The petitioner is said to have requested for time and also sought the reason for summoning or issuing a police notice which had been transmitted by way of whatsapp. The 4th respondent did not disclose the reason for issuance of the impugned notice. The notice was styled to be issued under Section 41(1)(a) of the Cr.P.C., which does not refer to registration of any crime under which the notice was issued. The petitioner then claims that he enquired about the impugned notice at the police station at around 12 p.m. through his Advocate and sought reasons for issuance of the notice. Even then, he was not informed the crime details. It is, therefore, the petitioner knocked at the doors of this Court in the subject petition.

4. Learned senior counsel Sri M. Aruna Shyam contends that Section 41 of the Cr.P.C., cannot be invoked for issue of notice, without at the outset the crime being registered against any person who is issued notice, failing which it would become an abuse of the process of law. He would contend that after filing of the writ petition by inserting crime number a second notice issued on 10-06-2024 and it is communicated again by whatapp on 11-06-2024 directing the petitioner to appear before the police. In the light of the interim order granted on 11-06-2024 the petitioner has not appeared before the jurisdictional police.

5. In the light of mentioning of the crime being conspicuously absent in the notice so issued, the 4th respondent/Station House Officer was directed to be present before the Court. He would admit that he did forget to mention the crime number while issuing the notice. Therefore, he has issued second notice indicating crime number by directing the petitioner to appear before him. By then, the petition had been filed.

6. The learned High Court Government Pleader would also submit that non-mentioning of crime number in the first notice was out of inadvertence. The corrective action has been taken in the second notice which is communicated to the petitioner for the second time. He would submit that the matter be disposed of in the light of the second notice, which is in consonance with the provisions of law.

7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record.

8. The issue lies in a narrow compass, much is said about the notice being issued under Section 41A of the Cr.P.C., both by the State and the learned senior counsel for the petitioner. But, the notice is otherwise, it is issued under Section 41(1)(a) of the Cr.P.C. Section 41 is under Chapter-V - arrest of persons. What is invoked in the notice is Section 41(1)(a) of the Cr.P.C., which mandates that any police officer, without an order from the Magistrate and without a warrant, arrest any person who commits an offence in the presence of a police officer and it should be cognizable offence. Since other provisions of the section are not invoked they are not consi