accused before the investigation officer in response to the notice under section 41A Cr.P.C., has submitted that the said notice had been issued ... submitted that the petitioner did not comply with the notice under section 41A Cr.P.C. In the facts and circumstances of the case
extent the Magistrate will make judicial
scrutiny.
Another provision i.e. Section 41A Cr.PC aimed to avoid
unnecessary arrest or threat of arrest looming ... accused requires to
be vitalised. Section 41A as inserted by Section 6 of the Code of
Criminal Procedure (Amendment
charge-sheet, following the amended proviso to Section
41(1)(b) read with Section 41A Cr.P.C.
5. The Secretary, U.P. Secondary Education ... required and shall abide by the provisions of
Section 438(2) of the Code of Criminal Procedure.”
8. Shri Aseem Chandra, learned counsel appearing
Investigating Officer (for short IO) under Section 41A of the Code
of Criminal Procedure.
The petitioner has stated that the non-fulfilment of the
provisions ... warrant of arrest against the complainant without
complying with Section 41A CrPC and the Ld. Magistrate failed
to apply judicial mind to such
charge-
sheet, following the amended proviso to Section 41(1)(b) read with Section
41A Cr.P.C.
5. The Secretary, U.P. Secondary Education ... required and shall abide by the provisions of
Section 438(2) of the Code of Criminal Procedure."
8. Shri Aseem Chandra, learned counsel appearing
various prosecution agencies across the
country has incorporated Section 41A in the Criminal Procedure Code ,
1973 with effect from 01.11.2010 as follows:
“41A. Notice ... Notice of appearance in terms of Section 41A of
Code of Criminal Procedure be served on the
accused within two weeks from the date
years or even which
may extend to seven years, as per Section 41A of Cr.P.C, the
accused is to be served with ... rendered in Criminal appeal No.1277/2014 (Special Leave
Petition (CRL) No.9127/2013) and submitted that as per
Section 41A of
extent the Magistrate will make judicial
scrutiny.
Another provision i.e. Section 41A Cr.PC
aimed to avoid unnecessary arrest or threat of
arrest looming ... accused requires to be
vitalised. Section 41A as inserted by Section
6 of the Code of Criminal Procedure (Amendment
case diary shows that
notwithstanding notice under Section 41A of the Code of Criminal Procedure, the petitioner
2
Dr. Anjanabha Bhattacharya did not appear ... given to him by the investigating officer under Section
41A of the Code of Criminal Procedure.
Under the facts and circumstances of this case
case the police intends to interrogate
the second petitioner, notice under Section 41A of
Cr.P.C. shall be served ... notice shall be served on him under
Section 41A of Cr.P.C.
2. First petitioner shall surrender
before the officer investigating the
case
