Court passes order directing the police to comply with the procedure before arrest as given under sec 41-A of CrPC: Andhra Pradesh High Court.

Justice Ravi Cheemalapati in one of his recent cases in the Andhra Pradesh High Court passed an order asking the court to dispose of an application for anticipatory bail which directed the state police to ensure that the procedure by law and guidelines given by the supreme court are followed while arresting an accused. The judgment obligates the Police to issue a notice of appearance under Section 41-A CrPC in all cases where the arrest of a person is not required.

Facts of the case: In the following case the petitioner approached the high court contending to apprehend and arrest, the person accused of Dishonest misappropriation of property under sec 403, Criminal breach of trust under sec 408, and Voluntarily causing hurt by dangerous weapons or means under sec 324 and 323. It was contended that the accused were entitled to a notice section 41A of CrPC as according to the party punishment for the allegation is less than 7 years. And therefore it was alleged that the police tried to arrest the accused petitioner without issuing any notice as required.

Judgment: The court said as per sec 41A of CrPC, talks about a notice of appearance before a police officer which states that a notice should be issued to a person against whom a reasonable complaint has been made or creditable information found or if any suspicion exists that he has committed a cognizable offense, the police can ask such person to present themselves before the authorized authority at a place as specified in the notice. And once the notice is issued, such person must comply with the terms of the notice.

Further, if such person continues to comply with the notice, then he shall not be arrested in respect of any offense alleged against him except when the police officer deems fit, whereas if such person fails to comply with the terms as given under notice or doesn’t present himself before the authority when asked for within reasonable time then such person will not just be charged for competent of court but also will be arrested for the offense mentioned in the notice.

Therefore, the court directed the police officer to follow the procedure given under sec 41A of CrPC and follow the given procedure before the arrest. Hence notice of appearance shall be issued first.

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