Learned Additional Public Prosecutor vehemently
contended that the procedure contemplated under Section
41A Cr.P.C cannot be applied to the offence under special
enactment ... imprisonment, this Criminal
Petition is disposed of with a direction to the Investigating
Officer to follow the procedure contemplated under Section
41A
investigation
under and in accordance with the provisions of
the Code of Criminal Procedure 1973. The
issue, however, is whether in the facts which ... before
the Calcutta High Court under Section 482 of
the Code of Criminal Procedure 1973. The mere
filing of a petition to quash
failed to comply with Section 41A (1), then
the police officer was obliged to follow Section 41A (4) of Cr.P.C.. That, the
police ... give
notice of two weeks for appearance in terms of Section 41A of Cr.P.C. for
appearing before it for the purpose
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
Section 41A may
not contain a warning to the noticee, which may state of liable arrest
under Section 41A(3) and (4) of ... introduced by the Code of Criminal Procedure
(Amendment) Act, 2008 (5 of 2009), thereafter by Code of Criminal
Procedure (Amendment
Crl. Petition No.5963 of
2020] counsel contends that the investigating agency in
the present case issued a notice of appearance under
Section 41A ... IPC and also under Sections 337 and
338 IPC. The two charges under Section 304
Part II IPC and Section 338 IPC can legally
coexist
Crl. Petition
No.5963 of 2020] counsel contends that the
investigating agency in the present case issued a
notice of appearance under Section 41A ... IPC and also under Sections 337 and 338 IPC.
The two charges under Section 304 Part II IPC
and Section 338 IPC can legally coexist
Section 41A may
not contain a warning to the noticee, which may state of liable arrest
under Section 41A(3) and (4) of ... introduced by the Code of Criminal Procedure
(Amendment) Act, 2008 (5 of 2009), thereafter by Code of Criminal
Procedure (Amendment
three crimes, the detenu was not arrested
and only notices under Section 41A Cr.P.C. were served on him.
Since the detenu is repeatedly ... detenu, normal
criminal law was already invoked against him and as per the
averments in the counter, notices under Section 41A Cr.P.C. were
three
crimes, the detenu was not arrested and only notices under Section
41A Cr.P.C. were served on him. As such there ... detenu, normal criminal law was already
invoked against him and as per the averments in the counter,
notices under Section 41A Cr.P.C. were
