notice
under Section 41A is to ensure the cooperation of accused persons during
investigation. Section 41A CrPC is reproduced below:
"41A. Notice ... purposes of effective implementation of Section 436-A of
the Code of Criminal Procedure.
k) Bail applications ought to be disposed of within a
period
officers under Sections 41A
"(i) Police officers should be mandatorily
required to
issue notices under Section 41A CrPC (in the
prescribed format ... ofthe
provisions contained in Chapter VI of the Code.
Model form of notice under Section 41A CrPC is
reproduced herein below:-
" MODEL
Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973, has
been filed for issuance of Writ of Habeas Corpus ... down by the Hon'ble Apex Court in respect of Section
41A Cr.P.C.
2. It is submitted in the petition that
said petition has been
filed seeking quashing of notice issued under Section 41A Cr.P.C. by EOW,
Mumbai in a complaint which is being ... including women away from the
place where such person resides, however, Section 41A Cr.PC. which is
issued to a suspect to appear before
dated 27th September, 2021
on the ground that no notice under Section 41A Cr.P.C was served upon the
petitioner in terms ... behalf of petitioner
that the the prosecution issued a notice under Section 41A Cr.P.C on 27th
September, 2021 to the petitioner to appear
respect of section 354 / 354A / 377
IPC got recorded before the concerned court.
20. That notices U/S 41A Cr.PC were served ... joined the
investigation despite service of repeated notices U/S 41A
Cr.PC through their e-mails. Therefore, during the further
course of investigation, NBWs
arrested during the course of the investigation on 05.09.2023. Notice under
Section 41A Cr.P.C. was served on accused Rajan ... Applicant
is innocent and has been falsely implicated. Notice under Section 41A
Cr.P.C. was served on him, which connotes that custody
arrested during the course of the investigation on 05.09.2023. Notice under
Section 41A Cr.P.C. was served on accused Rajan ... Applicant
is innocent and has been falsely implicated. Notice under Section 41A
Cr.P.C. was served on him, which connotes that custody
pasted Three notices for joining investigation
notice u/s 41A CrPC outside the on 2.10.23, 4.10.23 and 10.10.23 u/s
house ... petitioner directing him 41A CrPC were served to petitioner
and his wife to appear before him on DAlip Gupta and his wife
present court, fairly states that no noticed under Section 41A CrPC was
issued. Intriguingly, the FIR was registered on 16.02.2024 and NBWs were ... that too without issuance of any
notice under Section 41A CrPC. Needless to say, the provisions under
Section 82 CrPC cannot
