JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 22498/2023

Exemption allowed subject to all just exceptions.

Application stands disposed of.

BAIL APPLN. 2795/2023

1. The present application has been filed seeking grant of anticipatory bail in the case FIR No. 646/2023 under Section 308/34 IPC registered at PS Adarsh Nagar.

2. Learned counsel submits that the offence alleged under Section 308 IPC entails a maximum punishment of 7 years or fine, or both. Learned counsel further submits that IO has not served the notice to petitioner in accordance with Section 41A of Cr.P.C.

3. Learned counsel further submits that a Coordinate Bench of this court in Amandeep Singh Johar vs. State NCT of Delhi, W.P.(C.) 7608/2017 inter-alia held that police officer should be mandatorily required to issue a notice under Section 41-A Cr.P.C in the prescribed format in the manner and in accordance with the terms and procedures contained in chapter 6 of the Cr. P.C..

4. Furthermore, Learned counsel submits that even the model format was also provided in the said judgment. Learned counsel submits that since the formal notice has not been served and the petitioner may be given protection.

5. Learned counsel