LawRato

If I Do Not Go To PS To Collect 41a Notice Will Police Arrest Me


23-Jul-2023 (In Criminal Law)
My wife and mother in law filled 354, 323, 504 ipc against me and since 1 week police is calling me to collect 41a notice. Before going PS I want to apply for ABA in session court. Now the PSI is telling me if I do not come to PS for 41a notice then he will directly arrest me. I am afraid if I go to ps he will arrest me. Pls suggest should I go or wait for ABA order.
Answers (3)

Answer #1
541 votes
If the police is calling you to collect notice under section 41A of the CrPC, it means the police authorities are not willing to arrest you but simply asking you to co-operate with investigation and attend police station as and when required. Once you receive the notice, you should apply for ABA before the sessions court. For further assistance, you can approach me.
Helpful? LawRato LawRato

Answer #2
915 votes
Well, I think, these Police Personnels are bluffing. Tell them, that, you'll take a strict action against them all and get them suspended from their post, considering, it is their duty to send you Notice of Sec 41A of CRPC by Post or by an Email or through a WhatsApp Message if you are reluctant to appear in Police Station to personally collect Sec 41A of CRPC. Basically, this Sec 41A of CRPC is a summons or notice issued to the accused to appear before the Police Station and join in the Preliminary Investigation after lodging of a FIR. However, if they are not bluffing, for which, the chances are low, then, you have to seek an Anticipatory Bail, considering, you may get arrested on joining investigation on an invitation to attend Preliminary Investigation through serving of Sec 41A CRPC, 1973 notice/summons to appear upon you.
Helpful? LawRato LawRato
Answer #3
664 votes
The offence registered under section 354 is cognizable and non bailable.
as information the investigation officer has issued notice under 41A, it is advisable to obtain anticipatory bail from the sessions court.
consult your local advocate and decide the further course of action
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."