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EOW 41A Notice issued but not received
24-Jun-2023 (In Criminal Law)
Hi. Recently we have received a 41a notice from EOW. We were unaware about the said notice till yesterday. The notice was not directly given to us. Additionally, there is no detail of FIR in the notice... The notice wanted our presence on 9th June but we could not attend. Apart from consulting lawyer we are looking at all other option to understand the case... Can you suggest the best way to handle this notice
It is necessary that you file a anticipatory bail application because you have high chances of being arrested by the economic offences wing. A thorough examination of the facts of the case will be required so that I can assist you further in the matter.
Helpful?
Adv. Mikdad Zummerwala
Mumbai | 200+ Answers
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What a police can do under section 41 of CrPC?
According to Section 41(1)(a) of the CrPC, a policeman may arrest any person who commits a cognizable offense in the presence of an officer, without a warrant or order from a magistrate. 18 Sept 2023
What happens after 41A?
After your appearance on 41A the police may have closed their investigation or not enough evidence to charge you. Or they may be investigating further to implicate you. 8 Oct 2023
How do I respond to a 41A notice?
A person who receives an notice under section 411A of the Cr. P.C. The notice will specify the time and location at which the officer must appear. If he appears and obeys, then he is not arrested except in exceptional circumstances. If he does not comply, arrest will be made.
What is the recent Judgement of Supreme Court on 41A CrPC?
The Apex Court concluded, therefore, that Section 41A should only be applied to minor offenses under the Indian Penal Code 1860 (IPC) and not to economic crimes. You can read reports on the other aspects of this judgment. 7 Aug 2023
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