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PARTHIVJYOTI SAIKIA
Deep Jyoti Nath – Appellant
Versus
State of Assam – Respondent
ORDER :
1. Heard Mr. A. Goyal, the learned counsel appearing for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam representing the State.
2. This is an application under Section 439 of the Cr.P.C. in respect of Dispur P.S. Case No. 177/2023 registered under Sections 420 and 408 of the IPC.
3. The petitioner is an employee Instakart Services Pvt. Ltd. He allegedly misappropriated more than twenty lakhs rupees belonging to the company. Therefore, he was physically handed over to police. The case is registered under Sections 420 and 408 of the IPC.
4. Referring to Arnesh Kumar v. State of Bihar , 2014 (8) SCC 273 , Mr. Goyal submits that in this case, notice under Section 41 A of the Cr.P.C. should have been served upon the accused. In Satender Kumar Antil v. Central Bureau Investigation and Anr. 2022 (10) SCC 81, the Supreme Court has held that non-compliance of Section 41 and 41A of the Cr.P.C. would entitle the accused for grant of bail.
5. In the case in hand, the petitioner was handed over to police by the informant and no notice under Section 41A Cr.P.C. was served upon him.
6. After perusal of the case diary, I find that simply on an allegation made by
Anticipatory bail – Accused cannot seek anticipatory bail for alleged violation of procedure under Section 41-A of Cr.P.C.
The main legal point established in the judgment is the requirement for the police to follow the prescribed procedure under Section 41-A Cr.P.C. and the guidelines formulated by the Supreme Court in ....
Non-compliance of Section 41(A) Cr.P.C and the Court's power to grant liberty to file regular bail application.
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....
Arrest – Non-service of mandatory Section 41A notice may vitiate arrest.
(1) Continued detention of 14 days – The applicants have been in custody for 14 days, today being the 14th day and the continued custody of the applicants in jail is not called for only because some ....
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