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M. NAGAPRASANNA
Tavaragi Rajashekhar Shiva Prasad, S/o. Tavaragi Rajashekhar – Appellant
Versus
State Of Karnataka, Through Secretary Of Home Department, Represented By SPP, High Court Of Karnataka – Respondent
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 re
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.
Notices issued without disclosing the corresponding FIR and crime details violate legal standards under Section 41-A of the Cr.P.C., necessitating all mandatory information for legal validity.
Police must strictly follow procedural requirements before arresting individuals, ensuring the protection of their constitutional rights against unlawful detention.
Police notice for appearance – I.O. has to be careful and specific while issuing notice.
The court clarified that procedural non-compliance in issuing notices under Section 41A does not equate to contempt if the accused is given opportunities to comply with the investigation.
Issuance of notice under Section 41A of the Cr.P.C. is mandatory only in specific contingencies and does not apply post-arrest and bail.
Point of law : a person gets apprehension of being arrested in two situations:- firstly when a 'Notice' is issued to him under Section 41A (1) of the Code and secondly, after complying the terms of '....
(1) Arrest by a Police Officer is a mere statutory discretion which facilitates him to conduct proper investigation, in the form of collection of evidence and shall not be termed as mandatory.(2) Arr....
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