early investigation,
the petitioner No.2 had issued notice under Section 41A Cr.P.C. to
accused Ms. Raj Bala and Ms. Sunita ... CRL.M.C. 962/2023 Page 14/16
By:SEEMA MALHOTRA
Signing Date:02.03.2023
11:02:12
2023/DHC/001506
issuance of Section 41A
December, 2016 when the
first notice under Section 41(1) / 41A Cr.P.C. was served on him to join
investigation on 20th December ... Kailash Agarwal
even after invoking Section 467 IPC in the case diaries, no notice under
Section 41A Cr.P.C. was served on the petitioner
issued under Section 41A
would be a ground for his arrest.
13. Hence, under the new provision of
Section 41A of ... Section 41A of the Code does
not stipulate the specific condition of notice of
appearance.
24. Section 41A of the Code operates in a
situation
Jatin
Narwal that, the moment Section 467 IPC comes into play, Section
41A of the Cr.P.C. does not operate in the matter ... register the FIR under Section 467 IPC is not sufficient
to preclude the scope of Section 41A Cr.P.C.
9. In the case
application for anticipatory bail under section 438 of the Code
of Criminal Procedure filed on June 2, 2015 in connection with
Shantipur Police Station Case ... incumbent for the investigating
officer to issue a notice under section 41A CrPC within 15 days from the
date of institution
petitioners that
issuing Look Out Circular without issuing Notice under Section
41A Cr.P.C. is direct violation of the guidelines issued ... file of CCS, DD Hyderabad and no Notice under Section 41A
Cr.P.C was issued to the petitioners depriving opportunity to prove
their bonafide
having documentary proof to demonstrate his
innocence. Reiterating the provisions of Section 41A Cr.P.C., as
well as, the judgment ... direct respondent No.3 to comply
with the provisions of Section 41A Cr.P.C., as well as, directions
issued
complied with on the ground that previously in other criminal cases notice under Section 41A Cr.P.C. was issued, however, the applicant ... Section 41 and 41A Cr.P.C. are mandatory in nature. The same have been enshrined in the Criminal Procedure Code in order to protect
disposed of the said Criminal Petition
directing the police of Chandrayangutta Police Station to
follow the procedure contemplated under Section 41A ... though this Court has directed the police to
follow the procedure contemplated under Section 41A Cr.P.C.,
the respondent police summoned
examination of the entire records, it is found that notice under Section 41A Cr.PC has
been issued to the petitioners. Section 41A(1) ... subject to the other provisions, particularly sub- Section 4 of
Section 41A Cr.PC only. That being so, the petitioners are directed to comply with
