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Chandra Shekar   04 February 2021

41a crpc

An FIR was registered under Sec 66 of Information Technology Act in Jan 2015.

The Magistrate court granted bail.

Many Investigation officers have changed since then.

The court has ordered to put up after final report.

Can the Investigation officer now issue notice under section 41A Crpc after a gap of so many years?



Learning

 3 Replies

Kevin Moses Paul   04 February 2021

As per your situation, you're charged under Section 66 of the IT Act, which deals with "Punishment for sending offensive messages through communication service, etc."

However you've stated in your query that - "You've Been Granted Bail in Magistrate Court."
Let me enlighten you about the section you're concerned for i.e sec 41(a) CrPc and you're query related to its occurrence.

The Code of Criminal Procedure (CrPC) is the main legislation on procedure for administration of substantive criminal law in India.

The Section 41(A) of the CrPc {Code of Criminal Procedure} 1973, deals with – “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.

There is something that you should be aware of. As mentioned above, the section you're concerned with specifically deals with appearance before police via notice. Moreover there is no time period prescribed for this process, thus it can be done anytime before the court passes the final Judgement, which hasn't yet taken place in your case.

Thus, though you have been granted bail, there's no acquittal Judgment passed in your favour yet, which means the case hasn't been decided yet.

In general, the matter is yet to be decided and thus you're supposed to abide by all the rules and regulations, until the court helds you innocent.
Hence, the Police can still issue a notice to you u/s 41(A) of CrPc and therefore you're needed to abide by the notice.

Chandra Shekar   04 February 2021

Thank you but I read as under for which i need your opinion please sir

Mr. Sekhar Basu, learned senior counsel appearing on behalf of the petitioner first contended since in this case none of the offences involved is punishable exceeding 7 years, now in the light of the decision of the Apex Court in the case of Arnesh Kumar vs. State of Behar and Anr. reported in (2014) 8 SCC 273, it is incumbent for the investigating officer to issue a notice under section 41A CrPC within 15 days from the date of institution of the case and such notice not being issued and the period not being extended by the concerned S.P., the attempt made by the investigating officer to arrest the petitioner, is totally illegal and in violation of direction issued by the Hon'ble Supreme Court.

https://indiankanoon.org/doc/26420030/

Kevin Moses Paul   09 February 2021

I was unfamiliar with the case of Arnesh Kumar vs. State of Bihar.
After the passing of the judgment in this case it has been concluded that the notice for appearance by police under section 41(a) CrPc shall be issued within 15 days of registering the FIR.

While on the other hand, in an enquiry by the Supdt. of Police, he or she may not extend beyond 30 days as per directions in the above.

Thanks

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