officers under Sections 41A
"(i) Police officers should be mandatorily required to
issue notices under Section 41A CrPC (in the prescribed
format ... provisions contained in
Chapter VI of the Code.
Model form of notice under Section 41A CrPC is
reproduced herein below:-
" MODEL SECTION
accused and tried to serve notice on him as contemplated under Section
41A Cr.P.C but he refused to take notice and hence ... Arnesh Kumar 's case (1 supra)
and also the procedure contemplated under Section 41A Cr.P.C towards
the petitioner. The guidelines in Arnesh
issued, which cannot be said ignorantly but
for intentionally, notice under Section 41A Cr.P.C. and the same
was subject matter of challenge ... Section 41A
Cr.P.C. clauses (3) and (4) Cr.P.C . and that too follow guidelines
referred to in Section 41A CrPC
issued, which cannot be said ignorantly but
for intentionally, notice under Section 41A Cr.P.C. and the same
was subject matter of challenge ... Section 41A
Cr.P.C. clauses (3) and (4) Cr.P.C . and that too follow guidelines
referred to in Section 41A CrPC
circumstances pleaded is that he has been issued a
notice under Section 41A Cr.P.C.
3. Heard the learned counsel for the petitioner ... learned Public Prosecutor.
4. A notice under Section 41A Cr.P.C may be
issued when the police officer does not think that
the arrest
thereafter
the accused was relieved after furnishing notice under
section 41A Cr.P.C. Ex. PW6/D. Witnesses have also
proved the case property ... cross examination that he
prepared seizure memo, notice u/s 41A Cr.P.C in his
handwriting and site plan and Form M-29 were
away, there has to be fair, reasonable
and just procedure. Referring to Section 41(1)(b) Cr.P.C. it was
submitted that arrest could ... exercised only
after complying with the safeguards intended under Sections 41
and 41A Cr.P.C. It was submitted that the expression ‘reason to
believe
petitioner. Pursuant to
the directions of the High Court the respondents issued 41A Cr.P.C . notice.
e) It is submitted that petitioners failed
Investigating Officer had issued a notice to the petitioner
4
under Section 41A Cr.PC, he would have appeared before
the Investigating Officer. Even ... would have appeared before the Investigation
Officer if notice under Section 41A of Cr.PC had been issued
to him. Moreover the interference
under Sections
406/420/120 B of the Indian Penal Code , 1860 pending before the Court of the
learned Additional Chief Metropolitan Magistrate, Calcutta; inter ... paragraph 26 of this revisional
application that notice under Section 41A CrPC to the petitioner was issued for
joining in investigating into
