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A. BADHARUDEEN
Ashwin. C, S/o. Gireeshan. C. – Appellant
Versus
State Of Kerala – Respondent
Based on the provided legal document, the key points are as follows:
The issuance of a notice under Section 41A of the Criminal Procedure Code (Cr.P.C.) is mandatory only in specific situations where the arrest of a person is not required, such as when a reasonable complaint, credible information, or suspicion exists that a person has committed a cognizable offence (!) (!) .
The notice under Section 41A is intended to direct the person to appear before the police and is not meant to secure the presence of the accused during further investigation or questioning, which may be conducted with proper permission from the court (!) .
The law clarifies that the issuance of such a notice is not applicable after the accused has been arrested and released on bail. In such cases, issuing a notice under Section 41A or its equivalent in the relevant legislation is not legally sustainable (!) (!) .
The court held that the notice issued after the petitioner was already arrested and released on bail was unnecessary and quashed it accordingly. Instead, the investigation should proceed in accordance with the bail conditions or through proper court permission if further questioning is required (!) .
The decision emphasizes that the Investigating Officer should issue notices or seek court permission only in accordance with the applicable provisions and conditions, especially considering the status of the accused (e.g., post-bail release) (!) .
In summary, the issuance of a notice under Section 41A of the Cr.P.C. after an accused has been arrested and released on bail is not permissible, and any such notice should be quashed if issued in contravention of this principle. The investigation must then proceed in accordance with existing legal procedures and court permissions where necessary.
ORDER :
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’ hereinafter), by the petitioner, who is the sole accused in Crime No.171/2021 of Ambalavayal police station, Wayanad, now pending as S.C.No.419/2021 on the files of the Fast Track Special Court, Sulthan Bathery and the prayers sought for as under:
ii) Any other appropriate order or direction as the Hon’ble Court may be pleased to grant in the circumstances of the case.
iii) This Hon’ble Court may be pleased to dispense with translation of the documents produced in vernacular language.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant documents.
3. The petitioner is aggrieved by issuance of Annexure A7 notice, dated 29.6.2024, whereby, he was directed to appear before the Station House Officer, Ambalavayal Police Station, at 10.a.m. on 4.7.2024, in connection with Crime No.171/2021, by issuing notice under Section 41A of the Code of Criminal Procedure (for short, ‘the Cr.P.C.’ herei
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 notice for appearance – I.O. has to be careful and specific while issuing notice.
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 '....
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.
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.
Arrest – Non-service of mandatory Section 41A notice may vitiate arrest.
(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....
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 ....
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