SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 146 OF 2014
[Arising out of SLP (Crl.) No.7439 of 2013)
Km. Hema Mishra ... abide by the provisions of
Section 438(2) of the Code of Criminal Procedure.”
8. Shri Aseem Chandra, learned counsel appearing for the appellant,
submitted
accused before the investigation officer in response to the notice under section 41A Cr.P.C., has submitted that the said notice had been issued ... submitted that the petitioner did not comply with the notice under section 41A Cr.P.C. In the facts and circumstances of the case
SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 146 OF 2014
[Arising out of SLP (Crl.) No.7439 of 2013)
Km. Hema Mishra ... abide by the provisions of
Section 438(2) of the Code of Criminal Procedure."
8. Shri Aseem Chandra, learned counsel appearing for the appellant
extent the Magistrate will make judicial
scrutiny.
Another provision i.e. Section 41A Cr.PC aimed to avoid
unnecessary arrest or threat of arrest looming ... accused requires to
be vitalised. Section 41A as inserted by Section 6 of the Code of
Criminal Procedure (Amendment
Investigating Officer (for short IO) under Section 41A of the Code
of Criminal Procedure.
The petitioner has stated that the non-fulfilment of the
provisions ... warrant of arrest against the complainant without
complying with Section 41A CrPC and the Ld. Magistrate failed
to apply judicial mind to such
various prosecution agencies across the
country has incorporated Section 41A in the Criminal Procedure Code ,
1973 with effect from 01.11.2010 as follows:
“41A. Notice ... Notice of appearance in terms of Section 41A of
Code of Criminal Procedure be served on the
accused within two weeks from the date
even which
may extend to seven years, as per Section 41A of Cr.P.C, the
accused is to be served with the prior notice ... rendered in Criminal appeal No.1277/2014 (Special Leave
Petition (CRL) No.9127/2013) and submitted that as per
Section 41A of
extent the Magistrate will make judicial
scrutiny.
Another provision i.e. Section 41A Cr.PC
aimed to avoid unnecessary arrest or threat of
arrest looming ... accused requires to be
vitalised. Section 41A as inserted by Section
6 of the Code of Criminal Procedure (Amendment
case diary shows that
notwithstanding notice under Section 41A of the Code of Criminal Procedure, the petitioner
2
Dr. Anjanabha Bhattacharya did not appear ... given to him by the investigating officer under Section
41A of the Code of Criminal Procedure.
Under the facts and circumstances of this case
under ss.498A / 307 / 406 / 34 IPC is seeking bail under s.438
CrPC.
We have heard advocates for the petitioners ... diary is a notice issued by the
investigating officer under s.41A CrPC to the petitioner.
In para. 11 the petitioner has stated
