SAVITRI RATHO
Arman Khan – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
This Crl.MC has been filed with the following prayer:—
“It is therefore prayed that your Lordship may graciously be pleased to admit this Crl. M.C. issue notice to the Opp. Party and after hearing the statement/observation made in the paragraph-2 of the impugned notice at Annexure-3 series showing the petitioners as convicts in the alleged offences may kindly be quashed and the condition imposed at serial Nos.2 & 5 of the said impugned notice may kindly be modified to such extent to which this Hon’ble Court to deem just and proper.
And for this act of kindness, the petitioners as in duty bound shall ever pray.”
Fact of the Case in Brief
2. Petitioner No.1 is the husband and other petitioners are the in-laws of the informant-Anjum Bibi. She had filed 1CC Case No. 114 of 2017 in the Court of the JMFC Chandikhole against the petitioners. Pursuant to direction of the learned JMFC, under Section 156 (3) of the Cr. P.C, Balichandrapur P.S. Case No. 100 of 2017 under Section – 294/323/506/498-A/ 34 Indian Penal Code (in short “IPC”) read with Section – 4 of the Dowry Prohibition Act (in short “DP Act”), was registered against the petitioners which corresponds to G.R. case No 6
Police notice for appearance – I.O. has to be careful and specific while issuing notice.
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.
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 '....
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.
Police must strictly follow procedural requirements before arresting individuals, ensuring the protection of their constitutional rights against unlawful detention.
Non-compliance of Section 41(1)(a) of the Cr.P.C. and the issuance of notice under Section 41A Cr.P.C. would amount to contempt committed by the concerned Police Officer and would justify the release....
The court quashed criminal proceedings due to police failure to follow procedural mandates, highlighting the necessity for judicial oversight to prevent abuse of process and protect individual rights....
Point of law: Under Section 41A to Section 41B is a sufficient guard to secure the attendance of an accused person to aid investigation in cases, where the punishability of the alleged offences does ....
(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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.