A.Dear Sir,
Police have vast powers unless you take anticipatory bail. Never play hide and seek with police. They are supposed to issue the following notice normally. Please give me Rank 5 if you feel my answer helped you
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You may appear before the police and explain the things it will be issued only when police not intending to arrest. please see the following judgment of CALCUTTA HIGH Court.
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A notice under section 41A CrPC is necessary where police decides not to arrest an accused and not where arrest is necessary for the purpose of investigation.
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Calcutta High Court (Appellete Side)
Sarifuddin Mondal vs Unknown on 29 July, 2015
Author: Ashim Kumar Roy
“41-A. 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.”
It is clear from the above section that where
Police have vast powers unless you take anticipatory bail. Never play hide and seek with police. They are supposed to issue the following notice normally. Please give me Rank 5 if you feel my answer helped you
=====================================================
You may appear before the police and explain the things it will be issued only when police not intending to arrest. please see the following judgment of CALCUTTA HIGH Court.
=======================================================
A notice under section 41A CrPC is necessary where police decides not to arrest an accused and not where arrest is necessary for the purpose of investigation.
=======================================================
Calcutta High Court (Appellete Side)
Sarifuddin Mondal vs Unknown on 29 July, 2015
Author: Ashim Kumar Roy
“41-A. 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.”
It is clear from the above section that where
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Devesh Tripathi
Responded 3 years ago
A.see it depends on the view point of investigation officer , now a days it is again in trend that police sometimes arrests but mostly they ask but if any FIR is filed you should try to seek remedy for the same by contacting criminal lawyer of local
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Naveen Sharma
Responded 3 years ago
A.If by automatic arrest you mean that whether Police can without seeking a warrant of arrest from court arrest the person accused, then YES, Police can arrest immediately at anytime after the FIR is registered u/s 498A. However, usually bail is granted in these matters. And usually it falls low in the level of priorities for the police given their being busy with more heinous offences.
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Praveen Tiwari
Responded 3 years ago
A.YOUR FRIENDS DOES NO LIABLE TO REGISTERY, POWER ATTORNEY PERMIT TO BLOOD RELATION
FROM PRAVEEN KUMAR TIWARI(ADV)
FROM PRAVEEN KUMAR TIWARI(ADV)
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.498 a of IPC- It is a big NO.
Even automatic FIR is not permissible as per the various guidelines.
But if any other section/s of IPC of DV associated, kindly take anticipatory bail to avoid any arrest.
Even automatic FIR is not permissible as per the various guidelines.
But if any other section/s of IPC of DV associated, kindly take anticipatory bail to avoid any arrest.
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