Legal notices under Section 41A must contain complete information, including crime numbers and FIR copies, to comply with statutory requirements and avoid unlawful actions.

ORAL ORDER

The petitioner is before this Court calling in question an order dated 03.12.2024, passed by the II Additional Chief Judicial Magistrate, Bengaluru, in Crime No.341/2024 and a direction to initiate enquiry and action against the respondents for all the acts committed by them, which are contrary to law.

2. Heard Sri Arun G., learned counsel for the petitioner and Sri Jagadeesha B.N., learned Additional State Public Prosecutor for respondent No.1.

3. This Court in terms of its order dated 05.12.2024, directed release of the petitioner from police custody that he was in, for the last three days and then, the petitioner was released. On 10.12.2024, the Court had passed the following order:

“ORAL ORDER

The petitioner is before this Court calling in question in an order dated 03.12.2024 passed by the concerned Court remanding the petitioner to police custody or granting police custody of the petitioner on him being arrested by the Investigating Officer.

This Court on 05.12.2024 had passed the following order:

"Heard the learned counsel appearing for the petitioner.

Learned HCGP waives notice for respondent No.1.

Issue emergent notice to respondent No.2.

The petitioner is before this Court calling in question registration of a crime in Crime No.341/2024 for the offences punishable under Sections 318(4), 319(2), 336(20, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The issue is not with regard to the registration of the crime, but what precedes the registration of the crime is the issue. It transpires that the petitioner was issued a notice under Section 35 (3) of the BNS, 2023 - Section 41A of the earlier regime - the Cr.P.C. The notice reads as follows:

A perusal at the notice is indicative of the fact that it is blatantly contrary to law and what is held by this Court in the case of SRI TAVARAGI RAJASHEKHAR SHIVA PRASAD VS. STATE OF KARNATAKA AND OTHERS , in W.P.NO.15125/2024, disposed on 19.07.2024, wherein this Court has held that if Section 41A notice is issued to the noticee to appear before the Investigating Officer, the notice must contain the crime number, a copy of the FIR should be appended to it as also the complaint except in exceptional circumstances. The law is blatantly violated in the case at hand, as the notice does not contain even the crime number.

This Court has held that if the particulars are not appended to the notice issued under Section 35 (3) or 41A of the Cr.P.C., the noticee is not liable to oblige to appear before the Investigating Officer and the Investigating Officer cannot take coercive action on such non-appearance. The petitioner is arrested on the ground that he has not co-operated with the investigation. The petitioner is arrested in contravention of law. Therefore, this Court is constrained to direct his release forthwith from custody.

List this matter on 10.12.2024, in the 'fresh matters list'.

Therefore, the petitioner shall be released from police custody that he is taken for the last three days which is prima facie contrary to law.

Hand delivery of the order is permitted."

It is an admitted fact in the case at hand that the notice so issued under Section 35 (3) of the BNS 2023 - Section 41A of the earlier regime - the Cr.P.C. did not append to it, the FIR or the complaint, as is held by this Court in W.P.No.15125/2024 disposed on 19.07.2024, that being an admitted illegality resulted in an interim order being granted for release of the petitioner from police custody.

The learned additional SPP submits that he has been released from the police custody.

This Court in W.P.No.15125/2024 disposed on 19.07.2024 has held as follows:

"3. The facts, in brief, germane are as follows:-

The petitioner claims to be a reputed renowned senior Journalist. The averments are that he has worked in reputed media channels and news papers to name a few, ETV, TV-9, Samaya