I wish to enquire about the Notice u/s 140A cr.pc.
29-Jul-2023 (In Criminal Law)
A young, innocent member of our family who is only busy with is office job suddenly served with a notice u/s 420/120B IPC. This case u/a 140A was initiated in Sept,2016 but served after so many days on 28.07.17 from a different PS through our local PS where he is directed to appear before the IO within 3 days. We are all tensed because we think someone wants to humiliate our family by bringing a false case. Can he be arrested when he goes to the IO for compliance? Can this affect his career. How can we punish the person with this false case?
Sir, it is advisable that the concerned person must not go to the police station personally since there is a change that he may be arrested. Instead, send a lawyer to the police station to enquire about the matter. You may contact us for further assistance.
Hi. First of all that is not 140A notice that is U/s. 41A Cr.P.C. (When police may arrest without warrent) notice to be complied with. But FIR sec. 420/120B it's a non-bailable & cognizable offence, yes I/o can arrest him. Try to Complie the 41A notice as initiated otherwise may W/A be issued upon him.
you have to appear before the PS against the notice and the IO will take down your statement under the 140A and during the course of investigation if for the sake of brevity he has to take under the custody than he has got absolute right to take you under the custody for further investigation which please note.
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