Is it legally correct! Police harrasing
2 years ago
My neighbours filed a GD against my five family members and police wrote only three family members name in FIR. But they have send a notice 41A Crpc for the five family members individually under sec 341,323,114.
1 . The others two family member needs to get bail for this?
2. Can the police again add two members name in the FIR or Chargesheet?
3. Is this legally correct to send a notice under the case in which there is no FIR filed in my name?
4. Can I took legal step regarding this against police that my name is not in FIR( but in GD) but i am served with the notice.
Please advice.
A.1. Yes if you wan to go for anticipatory bail (but these are petty matters so I don't think needed)
2. Yes
3. Yes, 41A can be sent to as many
4. No
2. Yes
3. Yes, 41A can be sent to as many
4. No
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A.Hi,
The offences are bailable in nature, so the bail can be obtained from the police officer easily upon production of the bail bond. FIR cannot be amended, but the names of the new accused can be added subsequently in the chargesheet. The notice sent to under Sec. 41A is just for regular investigation, the police suspects that you are also involved so they are investigating. It is perfectly legal. Your name can be added in the chargesheet upon completion of the investigation.
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The offences are bailable in nature, so the bail can be obtained from the police officer easily upon production of the bail bond. FIR cannot be amended, but the names of the new accused can be added subsequently in the chargesheet. The notice sent to under Sec. 41A is just for regular investigation, the police suspects that you are also involved so they are investigating. It is perfectly legal. Your name can be added in the chargesheet upon completion of the investigation.
If you like my answer, please rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Offences charged are not that serious and are bailable in nature. So, if you fear arrest, you can move for anticipatory bail. Even the police officer can grant you bail if your furnish bail bond. FIR cannot be amended, but new names can be added in the chargesheet. The names can't be added to the FIR but would be added to the case diary later. If the information is relevant, police can file a charge sheet against the new accused. So, in the due course of investigation they can send a notice under 41A crpc.
If you like my answer, please rate me.
Offences charged are not that serious and are bailable in nature. So, if you fear arrest, you can move for anticipatory bail. Even the police officer can grant you bail if your furnish bail bond. FIR cannot be amended, but new names can be added in the chargesheet. The names can't be added to the FIR but would be added to the case diary later. If the information is relevant, police can file a charge sheet against the new accused. So, in the due course of investigation they can send a notice under 41A crpc.
If you like my answer, please rate me.
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