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Published : December 10, 2015 | Author : bkkjudge
Category : Criminal law | Total Views : 24061 | Rating :

  
bkkjudge
BKK, JUDGE(Jr.Div) AP Judiciary.
 

Notice u/s 41-A (1) r/w 41(1) (b) Crpc

As per directions of their Lordships Hon'ble Chandramouli Kr. Prasad, J And Hon'ble Pinaki Chandra Ghose, J in Arnesh Kumar Vs State of Bihar & Anr reported in (2014) 2 Law ISC-1 Dt. 02.07.2014 in Crl. Appeal 1277 of 2014, the SHO / Investigating officer do hereby issue the following notice.


To,

That, a crime in FIR NO : ...... of 2014 of …...........................P.S is registered against you based on the reasonable complaint of Sri / Smt / Kum …....................................................., / credible information / reasonable suspicion exists that you have committed the cognizable offence(s) punishable U/S …................................................., and U/S 41 (1) (b) CRPC, in all such cases where the arrest of a person is not required which is punishable less than or extending to seven years of imprisonment whether with or without fine, a notice shall be issued U/S 41-A (1) CRPC.

In a cognizable offence, the police officer may arrest without warrant if necessary for the satisfactory reasons recorded subject to appropriate orders of court for violation of Sec. 41(a) to (e) CRPC mentioned here under:-

To prevent you from committing any further offence
For proper investigation of the offence
To prevent you from causing the evidence of the offence to disappear or tampering with such evidence in any manner
To prevent you from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to court or to police officer


Unless you are arrested, your presence in the court whenever required cannot be ensured.


To satisfy, that you will not violate the above conditions, the following terms of notice U/S. 41-A (1) CRPC shall be complied:-

(a) You are directed to either surrender before competent Judl. Magistrate of First class.

(or)

(b) You have to appear before SHO / I.O whenever required.

And, it shall be your bounden duty U/S 41-A (2) CRPC to comply the above terms.

In case of non compliance of the above terms, the report with necessary material furnishing the recorded reasons necesiating the arrest will be produced before court U/S 41-A (3) CRPC and you will be arrested subject to appropriate orders of court U/S 41-A (4) CRPC.

Therefore, you are hereby directed to explain the circumstances within three days of this notice as to why you shall not be arrested.

Arresting Officer / S.H.O

Note: The above conditions vary to each case on its facts but may not operate altogether. This notice shall be issued within 15 days of FIR and thereafter the Supdt. of Police may extend not beyond 30 days as per directions in the above Decision.

(Tick the one or more conditions which ever applicable.)

 

EXPLANATION TO NOTICE U/S 41A (1) r/w 41 (1)(b) CRPC

To,

Station House Officer / Arresting officer / Investigating Officer

On ….................., I received the notice U/S 41-A (1) CRPC pertaining to crime in FIR NO : ..................... of 2014 of …........................... P.S for the cognizable offences punishable U/S …................................................. is registered against me.

I undertake myself to not violate the conditions U/S 41(a) to (e) CRPC and abide by the terms of notice.

Accused




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Article Comments

Posted by m w shareef on March 15, 2017
if a person is remanded under 498a without fulfilling mandatory conditions can the opened fir be cancelled by a high court order


Posted by yousuf ali on June 22, 2016
Good after noon sir myself yousuf ali posted at Portblair in indian navy facing case by my wife with ipc section323.498a.504.506.3/4dph....in this FIR THERE ARE O5 MEMBERS OF MY FAMILY. WHAR IS THE NEXT STEP FOR ME SIR .....THANK U SIR


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