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Can I be arrested under section 41 crpc as not gone to police station
09-Jul-2023 (In Criminal Law)
Dear sir,I received a notice from police station of 41a of 498a case, where police asked me to attend to the police station on 9 jul, I send a acknowledgement letter and asked for time to appear. Can police arrest me in between.
No, now no direct arrest under section 489a IPC. File a petition u/se.438 Cr.P.C. in District or High Court for anticipatory bail.You can comply 41 notice to appear before the I.O., better to get anticipatory bail. A
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Adv. Minansu Bhadra
Kolkata | 25+ Answers
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As per the recent Supreme Court verdict, 41A notice is mandatory before arresting the accused, hence you have been served with the notice and as per the law you cannot be arrested, only after the interrogation of Section 41A, if the police is not satisfied can arrest accused later, but in case of one of my client, he was illegally arrested in connection with a 498A Case when he went to the Singur PS for compliance of the 41A, hence it is always advisable to take the assistance of a lawyer while going to the PS, and also get the anticipatory bail accordingly. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 400+ Answers
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According to 41A (3), an arrest will not be made if the person continues to follow the instructions in the notice or complies with them, unless the officer believes that the offence is serious enough to warrant it.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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