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May I police arrested in section 354 354d without 41a notice.


04-Apr-2023 (In Criminal Law)
Sir a girl file a fake fir 354, 354 d I applied quashing in high court here direct to Io for fare investigation. After that knockdown occur or I unable to take anticipatory. But police continue to come home in lockdown, for appearance me what I should..
Answers (3)

Answer #1
739 votes
hello client as you have mentioned above . in this case you can not go un arrested as per the sections. in this case you have can get anticepatory bail during lockdown also court will entertain ur application for bail application.
the question of police is comming again and again to arrest for tht you need to consult your advocate.

Answer #2
756 votes
NO, both the offences are less then 7 years hence you cannot be arrested without 41A notice by the police.

Another thing you have stated is that you have approached the HC. What order has the HC passed? Does it mention no coercive action/adverse step be taken against the accused as normally this order is passed before making order of joining of investigation before IO, so I would request you to kindly also go through the order of the HC. If no coercive action is mentioned then you cannot be arrested.

In short i would like to emphasis that you cannot be arrested without serving a 41A notice and not replying to the notice. I would request you to kindly send a SMS to the IO and maintain a record by showing your cooperation to the IO for future purposes.
Answer #3
904 votes
You should immediately gori high court and seek anticipatory under special provisions.
When you have already requested for a fair investigation then you should seek immediate relief at the earliest.

Please feel free to get in touch for further assistance.

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.

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