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Tag: CrPC 41A – Notice of appearance before police officer

Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022

Posted on July 12, 2022 by ShadesOfKnife

A division bench of Apex Court passed the following guidelines with respect to Arrest and Bails

From Para 24,

24.Section 41A deals with the procedure for appearance before the police officer who is required to issue a notice to the person against whom a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence, and arrest is not required under Section 41(1). Section 41B deals with the procedure of arrest along with mandatory duty on the part of the officer.
25.On the scope and objective of Section 41 and 41A, it is obvious that they are facets of Article 21 of the Constitution. We need not elaborate any further, in light of the judgment of this Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273:
26.We only reiterate that the directions aforesaid ought to be complied with in letter and spirit by the investigating and prosecuting agencies, while the view expressed by us on the non-compliance of Section 41 and the consequences that flow from it has to be kept in mind by the Court, which is expected to be reflected in the orders.
27.Despite the dictum of this Court in Arnesh Kumar (supra), no concrete step has been taken to comply with the mandate of Section 41A of the Code. This Court has clearly interpreted Section 41(1)(b)(i) and (ii) inter alia holding that notwithstanding the existence of a reason to believe qua a police officer, the satisfaction for the need to arrest shall also be present. Thus, sub-clause (1)(b)(i) of Section 41 has to be read along with sub-clause (ii) and therefore both the elements of ‘reason to believe’ and ‘satisfaction qua an arrest’ are mandated and accordingly are to be recorded by the police officer.
28.It is also brought to our notice that there are no specific guidelines with respect to the mandatory compliance of Section 41A of the Code. An endeavour was made by the Delhi High Court while deciding Writ Petition (C) No. 7608 of 2017 vide order dated 07.02.2018, followed by order dated 28.10.2021 in Contempt Case (C) No. 480 of 2020 & CM Application No.25054 of 2020, wherein not only the need for guidelines but also the effect of non-compliance towards taking action against the officers concerned was discussed. We also take note of the fact that a standing order has been passed by the Delhi Police viz., Standing Order No. 109 of 2020, which provides for a set of guidelines in the form of procedure for issuance of notices or orders by the police officers. Considering the aforesaid action taken, in due compliance with the order passed by the Delhi High Court in Writ Petition (C) No.7608 of 2017 dated 07.02.2018, this Court has also passed an order in Writ Petition (Crl.) 420 of 2021 dated 10.05.2021 directing the State of Bihar to look into the said aspect of an appropriate modification to give effect to the mandate of Section 41A. A recent judgment has also been rendered on the same lines by the High Court of Jharkhand in Cr.M.P. No. 1291 of 2021 dated 16.06.2022.
29.Thus, we deem it appropriate to direct all the State Governments and the Union Territories to facilitate standing orders while taking note of the standing order issued by the Delhi Police i.e., Standing Order No. 109 of 2020, to comply with the mandate of Section 41A. We do feel that this would certainly take care of not only the unwarranted arrests, but also the clogging of bail applications before various Courts as they may not even be required for the offences up to seven years.

30.We also expect the courts to come down heavily on the officers effecting arrest without due compliance of Section 41 and Section 41A. We express our hope that the Investigating Agencies would keep in mind the law laid down in Arnesh Kumar (Supra), the discretion to be exercised on the touchstone of presumption of innocence, and the safeguards provided under Section 41, since an arrest is not mandatory. If discretion is exercised to effect such an arrest, there shall be procedural compliance. Our view is also reflected by the interpretation of the specific provision under Section 60A of the Code which warrants the officer concerned to make the arrest strictly in accordance with the Code.

Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022

Citations :

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 41A - Notice of appearance before police officer Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Misuse or Violation of CrPC 41A Reportable Judgement or Order Satender Kumar Antil Vs CBI and Anr | Leave a comment

Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022

Posted on March 21, 2022 by ShadesOfKnife

Supreme Court deprecated such practice of the Police Officer in taking the petitioners into custody without compliance of Section 41(A) Cr.P.C.

Counsel for the petitioners submits that no notice under Section 41(A) Cr.P.C was ever served and after this fact came to the notice of the Investigating officer that SLPs have been preferred by the petitioners for seeking pre-arrest bail, he approached them and took the petitioners into custody on 8th March, 2022.
Since the petitioners have now been in custody, it may not be appropriate for this Court to pass further orders but at the same time, we grant them liberty to file regular bail application.

If such an application is filed, it is expected from the Trial Court to take note of non-compliance of Section 41(A) Cr.P.C and dispose of the application for post-arrest bail, if any, filed by the petitioners within a reasonable time as expeditiously as possible.
We deprecate such practice of the Police Officer in overstepping after the matter being instituted in this Court and taking the petitioners into custody without compliance of Section 41(A) Cr.P.C. and keeping in view the judgment of this Court in Arnesh Kumar vs. State of Bihar & Anr. (2014) 8 SCC 273.

Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnesh Kumar Vs State Of Bihar and Anr CrPC 41A - Notice of appearance before police officer Jagdish Shrivastava Vs State of Maharashtra Misuse or Violation of CrPC 41A | Leave a comment

M.A Khaliq and Ors Vs Ashok Kumar and Anr on 15 Sep 2021

Posted on March 5, 2022 by ShadesOfKnife

A three-judge full bench of Apex Court held as follows.

The report of the Metropolitan Sessions Judge, after due inquiry into the matter sets out the factual details of the matter. The report indicates that the contempt petitioner was not only summoned to Akividu Police Station in the name of counseling but was also detained. In the circumstances, there was clear violation of the directions issued by this Court not only in Arnesh Kumar but also in the case in D.K. Basu v. State of West Bengal.
The mere fact that no crime was registered, could not be a defence, nor would it be an escape from the rigour of the decisions rendered by this Court. As a matter of fact, summoning the person without there being any crime registered against him and detaining him would itself be violative of basic principles.
In the circumstances, the Division Bench was not right and justified in setting aside the view taken by the Single Judge of the High Court. We, therefore, allow this appeal. While setting aside the decision of the Division Bench of the High Court, we restore the decision of the Single Judge.
However, considering the facts and circumstances on record, the substantive sentence of three months as recorded in paragraph 32 of the decision of the Single Judge is modified to 15 days leaving rest of the incidents of sentence completely intact.
The contemnor shall surrender himself before the Registrar of the High Court within two weeks from today.

M.A Khaliq and Ors Vs Ashok Kumar and Anr on 15 Sep 2021

Citations :

Other Sources :

https://indiankanoon.org/doc/136109957/

https://www.legitquest.com/case/ma-khaliq-ors-v-ashok-kumar-anr/1FCF45

https://legiteye.com/detaining-any-person-without-there-being-any-crime-registered-against-him-is-violation-of-basic-principles-supreme-court/


Division Bench decision is here.

Ashok Kumar Vs M.A.Khaliq on 18 Jul 2019

Single Judge decision is here.

M.A Khaliq and 2 Ors Vs Bhaskar Bhushan and Anr on 20 Nov 2018

Final Forum:

Review petition was filed but withdrawn by the contemnor himself.

Ashok Kumar Vs M.A.Khaliq on 30 Mar 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Arnesh Kumar Vs State Of Bihar and Anr CC Act Sec 12 - Contempt In Face Of Court CrPC 41A - Notice of appearance before police officer D.K. Basu Vs State of West Bengal Fine For Contempt Of Court Imprisonment For Contempt Of Court Landmark Case M.A Khaliq and Ors Vs Ashok Kumar and Anr Misuse or Violation of CrPC 41A | Leave a comment

Vimal Kumar Vs State of U.P. on 28 Jan 2021

Posted on February 2, 2021 by ShadesOfKnife

Based on Arnesh Kumar and Manav Adhikar, Allahabad High Court discussed the meaning and import of Sec 41A of CrPC and passed directions not to arrest accused automatically in 498A IPC cases.

Vimal Kumar Vs State of U.P. on 21 Jan 2021

Citations :

Other Sources :

https://www.barandbench.com/news/litigation/pained-unnecessary-arrest-allahabad-high-court-comply-with-section-41-crpc

https://lawsisto.com/legalnewsread/OTYwNQ==/Guidelines-directing-strict-compliance-with-Section-41-CrPC-issued-by-Allahabad-High-Court

https://www.latestlaws.com/latest-news/while-explaining-amended-meaning-of-section-41-cr-p-c-high-court-passes-several-direction-to-stop-the-routinely-and-arbitrary-arrests-read-order/

 

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnesh Kumar Vs State Of Bihar and Anr CrPC 41A - Notice of appearance before police officer Misuse or Violation of CrPC 41A No Automatic Arrest Reportable Judgement or Order Social Action Forum for Manav Adhikar and another Vs Union of India Vimal Kumar Vs State of U.P. | Leave a comment

Roshni Biswas Vs State of West Bengal and Anr on 28 Oct 2020

Posted on November 17, 2020 by ShadesOfKnife

Supreme Court sensed that, there is a need to ensure that the power under section 41A is not used to intimidate, threaten and harass. Thereafter, granted an ad-interim stay on High Court order compelling the petitioner to appear before Police u/s 41A CrPC.

05 Roshni Biswas Vs State of West Bengal and Anr on 28 Oct 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 41A - Notice of appearance before police officer Misuse or Violation of CrPC 41A Police Harassment Roshni Biswas Vs State of West Bengal and Anr | Leave a comment

Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

Posted on November 14, 2020 by ShadesOfKnife

Justise Lalitha Kanneganti held that there is violation of Guidelines issued in Arnesh Kumar in effecting an arrest without complying with 41A CrPC procedure and held demanded reports from both Police belonging to concerned PS and also the Magistrate who mechanically issue Judicial custody.

Jangala Sambasiva Rao Vs State of AP and Anr on 28 Oct 2020

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Arnesh Kumar Vs State Of Bihar and Anr CrPC 41A - Notice of appearance before police officer Jangala Sambasiva Rao Vs State of AP and Anr | Leave a comment

CrPC 41A – Notice of appearance before police officer

Posted on August 24, 2020 by ShadesOfKnife

(1) The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 41A - Notice of appearance before police officer | Leave a comment

Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018

Posted on January 27, 2019 by ShadesOfKnife

Hon’ble High Court of Delhi has laid down the procedure to be follow in Delhi by Police in regards to the CrPC Section 41A.

Amandeep Singh Johar Vs State of NCT of Delhi and Anr on 7 February, 2018

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Amandeep Singh Johar Vs State of NCT of Delhi and Anr Article 226 - Power of High Courts to issue certain writs CrPC 160 - Police officer’s Power to require Attendance of Witnesses CrPC 175 - Power to Summon Persons CrPC 41A - Notice of appearance before police officer CrPC 91 - Summons to produce document or other thing Landmark Case Legal Procedure Explained - Interpretation of Statutes Rules of the Act/Ordinance/Notification/Circular | Leave a comment

N. Purushotham Vs The Government Of Telangana Rep. on 10 September, 2014

Posted on June 1, 2018 by ShadesOfKnife

This petition was filed seeking a writ of mandamus for declaring the Notice issued by the Station House Officer, Nacharam Police Station in accordance with and in terms of Section 41A of the Code of Criminal Procedure (henceforth referred to as ‘the Code’), as bad in law.

 

However, even assuming that the allegation made by the petitioner against the Police that he has been detained from 9-30 am to 8-30 pm in the Police Station continuously for eleven long hours is true and correct, the same would not render the exercise of power under Section 41-A of the Code by the Police arbitrary. At the most, any such conduct and attitude of the Police would amount to violation of the human rights assured to the petitioner. Any complaint of breach of human rights by the Police, first of all, should have been drawn to the attention of the Superior Police Officers, such as, the Assistant Commissioner of Police / Deputy Commissioner of Police / Superintendent of Police, etc. If there was no redressal at their hands, the matter can also be agitated before the State Human Rights Commission. But, that cannot be converted into a ground for quashing the Notice under Section 41A of the Code.

 

N. Purushotham Vs The Government Of Telangana Rep. on 10 September, 2014

 

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 41A - Notice of appearance before police officer Maintainability | Leave a comment

Arnesh Kumar Vs State of Bihar and Anr on 2 July 2014

Posted on May 14, 2018 by ShadesOfKnife

This is the landmark judgment from Supreme Court asserting that ‘No automatic arrest’ in matrimonial cases.

“Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;
(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);
(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;
(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;
(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;
(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction;
(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

 

Most important.

We hasten to add that the directions aforesaid shall not only apply to the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may
extend to seven years; whether with or without fine.

Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014

Citations: [2014 DLT 210 599], [2014 GLR 2 1848], [2014 CRIMES SC 3 40], [2014 OLR SC 2 562], [2014 KARLJ SC 4 177], [2014 AD SC 7 697], [2014 KCCR 3 1977], [2014 JT 7 527], [2014 AIOL 411], [2014 MPHT SC 4 81], [2014 RLW SC 3 2171], [2014 CCR SC 3 144], [2014 WLN SC 3 28], [2014 AIC 140 118], [2014 MPJR SC 4 55], [2014 JLJR SC 3 313], [2015 LW CRL 1 318], [2014 ALT CRI 2 457], [2014 RCR CRIMINAL SC 3 527], [2014 KHC 3 69], [2014 CRIMES SC 3 206], [2014 GLT SC 3 102], [2014 SLT 5 582], [2014 SCC 8 273], [2014 MLJ CRL SC 3 353], [2014 CRLJ SC 3707], [2014 AIR SCW 3930], [2014 SCC ONLINE SC 532], [2014 ACR SC 3 2670], [2014 SCJ 6 219], [2014 CRILJ 3707], [2014 GUJLR 2 1848], [2014 JT 9 55], [2014 SUPREME 5 324], [2014 DMC SC 2 546], [2014 GUJ LH 2 547], [2014 KERLT 3 143], [2014 ILR 5507], [2014 BOMCR CRI SC 3 362], [2014 SCALE 8 250], [2014 PLJR 3 314], [2014 AIR SC 2756], [2014 JCC SC 3 1529], [2014 KLJ 3 330], [2014 SCC CRI 3 449], [2014 SCSUPPL CHN 4 73], [2014 GLH 2 547], [2014 ALLCC 86 568], [2014 ILR KER 3 165]

Other Source links:

https://indiankanoon.org/doc/2982624/

https://www.legitquest.com/case/arnesh-kumar-v-state-of-bihar/883C7

https://www.casemine.com/judgement/in/5609af58e4b01497114161f7

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Arnesh Kumar Vs State Of Bihar and Anr CrPC 41 - When police may arrest without warrant CrPC 41A - Notice of appearance before police officer CrPC 438 - Anticipatory Bail Granted Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case No Automatic Arrest | Leave a comment

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