State respondent.
2. This application, under Section 439 of the Code of Criminal
Procedure, is preferred by accused, namely, Sajahan Sarkar, who has been
Page ... given him any Notice as mandated by
section 41A Cr.P.C. and as held by Hon'ble Supreme Court in the case
State respondent.
2. This application, under Section 439 of the Code of Criminal
Procedure, is preferred by accused, namely, Aoicharjya Jibon Baruah, who
has been ... served him any Notice as
mandated by section 41A Cr.P.C. and as held by Hon'ble Supreme Court in
the case
given him any Notice as mandated by section 41A Cr.P.C. and as held by
Hon'ble Supreme Court in the case ... years and therefore I.O. has not given any Notice under section 41A
Cr.P.C. and that the I.O. has collected sufficient materials
accused, the I.O. has not
complied with the provision of Section 41A Cr.P.C., as required by Hon'ble Supreme Court ... Section 409 IPC
was not added and the same was added subsequently and as such, the requirement of
compliance of Section 41A
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
accused, the I.O. has not complied with the provision
of Section 41A Cr.P.C., compliance of which is mandatory in view ... Jahan, learned Additional Public Prosecutor, Assam,
also submits that Section 41A Cr.P.C. has not been complied with on the ground that
the accused
present Act is
not a complete Code, the provision of Code of Criminal Procedure has to be
followed and in the instant case ... Code in itself as
regards to the provision of search, seizure and arrest and as stated above, the
provision of Code of Criminal Procedure would
present Act is
not a complete Code, the provision of Code of Criminal Procedure has to be
followed and in the instant case ... Code in itself as
regards to the provision of search, seizure and arrest and as stated above, the
provision of Code of Criminal Procedure would
been arrested on
27.07.2023. Mr. Mahanta submits that the notices under Section 41A Cr.P.C.
were issued to the accused petitioners while they were ... Courts must
satisfy themselves on the compliance of Section 41 and 41A Cr.P.C. and in the
case of non-compliance, would entitle
Assam.
2. By this application under Section 438 , Code of Criminal Procedure, 1973 [ CrPC ], the
petitioner viz. Bikash Das has approached this Court ... under Section 467 , IPC, none of the other offences, that is, Section 420 , IPC or
Section 468 , IPC or Section 471 , IPC, involved
