A. Y. KOGJE, SAMIR J. DAVE
DIGVIJAY MISHRA S/O LAL SHARMA MISHRA – Appellant
Versus
B. S. CHAUHAN – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. Rule returnable forthwith. Learned counsel Mr. R.C. Kodekar waives service of rule on behalf of respondent.
2. This petition is filed under Section 12 r/w Section 2(b) of Contempt of Courts Act r/w Article 215 of the Constitution of India praying for initiating contempt proceedings against the respondent for not complying with the directions of the Hon’ble Supreme Court in case of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 and order dated 11.07.2022 passed by Hon’ble Supreme Court in case of Satender Kumar Antil vs. CBI & Anr. 2022 SCC Online SC 825.
3. It is the case of the applicant that the applicant was issued under Section 41A of the Code of Criminal Procedure, 1973 (for short “the Code”) dated 12.10.2023 in connection with Case No. RC0292022A0019 dated 21.12.2022 registered with CBI, ACB, Gandhinagar under the provisions of Section 109 of the Indian Penal Code and under Sections 13(2) r/w 13(1)(b) of the Prevention of Corruption Act, 1988.
4. According to the applicant, the issuance of such notice was sent to the office of the applicant, who was then under suspension and vide Office Memorandum of the office of the applicant, the same was supplie
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.
Police must strictly follow procedural requirements before arresting individuals, ensuring the protection of their constitutional rights against unlawful detention.
Failure to comply with procedural requirements under Section 41-A of Cr.P.C. during arrest was ruled as a violation of personal liberty and contempt of court.
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: 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 ....
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....
The main legal point established in the judgment is that a petition seeking advance notice before arrest/detention, without challenging the notice under Section 160 Cr.P.C., is not maintainable under....
Illegal arrest –Power to arrest – No arrest without reasonable satisfaction
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 '....
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