41a notice from io
ram
(Querist) 26 September 2014
This query is : Resolved
Sir,
498/406/34 is registered agaist me form delhi. my session court bail is rejected due to article recovery & investigation join. IO is totally from girl side i have somany time try to get investigation join but he didn't give me or there is no register in police station so i applied in session again here i know that NBW is issued agaist me so i appear in court & judge order IO to issue 41a notice before arrest.
Now question is what is in 41a.
How i get investigation join.
i would like to give article back.
Plz help me
charan1007@gmail.com
Nadeem Qureshi
(Expert) 26 September 2014
Dear Ram
Read the below mentioned section
[41A. Notice of appearance before police officer. - (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice."
*[Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008 and sub-clause (1) further modified by Code of Criminal Procedure Amendment act, 2010]
**[sub-clause (4) substituted by Code of Criminal Procedure Amendment act, 2010]
contact perosnally or over the phone.
feel free to call
Rajendra K Goyal
(Expert) 26 September 2014
Well advised, agree with the expert.
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
that is all, expert Mr.Nadeem has explained you very well, you had an answer to this with your advocate itself, but you are not utilising his services though you have paid him very well as fees.
