Code of Criminal Procedure
by way of Criminal Procedure Code Amendment Act, 2008 and was
further modified by another Amendment Act, 2010. Section 41A ... comply with a notice for appearance issued under sub-
Section (1) of Section 41A of Cr.P.C. However, Section 41A(3) of
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
cognizable offence. He
30
would submit that sub-section (1) of Section 41A of
Cr.P.C. is not a guarantee against the arrest ... Court under Section 482 of
the Code of Criminal Procedure 1973. The mere
filing of a petition to quash an FIR under
Section
stated in relation to Section 41 Cr.P.C. (which was
a precursor to Section 41A Cr.P.C. introduced by an amendment ... CRL.M.C. 962/2023 Page 14/16
By:SEEMA MALHOTRA
Signing Date:02.03.2023
11:02:12
2023/DHC/001506
issuance of Section 41A
required under Section
41(1)(a) Cr.P.C., there was no choice left but to arrest only after notice
under Section 41A ... Clearly, therefore, Section 41(1)(a) Cr.P.C. has not been applied and unless
the conditions prescribed in Section 41(1)(b)
Code of Criminal Procedure
by way of Criminal Procedure Code Amendment Act, 2008 and was
further modified by another Amendment Act, 2010. Section 41A ... comply with a notice for appearance issued under sub-
Section (1) of Section 41A of Cr.P.C. However, Section 41A(3) of
Code of Criminal Procedure
by way of Criminal Procedure Code Amendment Act, 2008 and was
further modified by another Amendment Act, 2010. Section 41A ... comply with a notice for appearance issued under sub-
Section (1) of Section 41A of Cr.P.C. However, Section 41A(3) of
Code of Criminal Procedure
by way of Criminal Procedure Code Amendment Act, 2008 and was
further modified by another Amendment Act, 2010. Section 41A ... comply with a notice for appearance issued under sub-
Section (1) of Section 41A of Cr.P.C. However, Section 41A(3) of
Code of Criminal Procedure
by way of Criminal Procedure Code Amendment Act, 2008 and was
further modified by another Amendment Act, 2010. Section 41A ... comply with a notice for appearance issued under sub-
Section (1) of Section 41A of Cr.P.C. However, Section 41A(3) of
issuing arrest memos, instead of following Section 41A CrPC, in
violation of the law laid down by the Supreme Court in ARNESH KUMAR ... committed offences punishable under Sections 196 , 204 ,
218 , 219 , 220 and 348 IPC apart from violation of Section 41A CrPC. He
reserved
