A Police Officer May Not Always Be Restricted by Section 41-A of CrPC: Allahabad High Court

Must Read

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector &...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court,...

WhatsApp Messages Would Have No Evidentiary Value Until They Are Certified According to Section 65b of the Indian Evidence Act: Punjab & Haryana High...

Brief facts of the case Paramjit Kaur, the proprietor of Brioshine Pharma, a licensed chemist, booked two consignments. The first...

Follow us

In the order dated 24th September 2020, the High Court of Allahabad disposed of a writ petition seeking the quashing of FIR stating that a police officer is not always required to take compliance of Section 41-A of CrPC during the time of the arrest.

Facts of the Case

The petition seeks issuance of a Writ of Certiorari quashing First Information Report dated 24th July 2020. the FIR was filed under Sections 323 (Punishment for Voluntarily getting hurt), 504), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Punishment for Criminal Intimidation), 452 (House Trespass after Preparation for Hurt) and 354 (Assault or criminal force to woman with intent to outrage her modesty) of IPC in the Police Station (PS) of Tarun at the district of Ayodhya.

Submissions before the Court

The present case was heard by the Court via Video-conferencing. The Counsel for the Applicant and Counsel for the State had gone through the FIR filed. The Petitioner(s) are said to benefit under Section 41-A of CrPC. Section 41-A relates to the Notice of appearance before the Police Officer. The Counsel for the State referred to Arnesh Kumar V. State of Bihar (2014) 8 SCC 273, wherein the Supreme Court of India had said that if the offence(s) allegedly committed entail a sentence up to seven years, then the investigating officer shall ensure compliance of the provisions, 41 and 41-A of CrPC.

Court’s Observations

Given the above submissions, the Bench of Justice Saurabh Lavania laid down their observations regarding Arnesh Kumars case. The Supreme Court had held that a Police officer is not required to take compliance of the Section 41-A during all times of arrest. Additionally, the police officer is required to issue notice directing the accused to appear before him at a specified place and time. Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless, for reasons to be recorded, the police officer believes that the arrest is necessary.

Court’s Decision

Thus, the Court ordered the disposal of the present case taking into the account, the provisions under Section 41-A of CrPc. and the law laid down in Arnesh Kumar v. State of Bihar.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being imposed.  Brief facts of the case This...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax Act, 1961.  Brief facts of the...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court, Bhuj in the case of...

WhatsApp Messages Would Have No Evidentiary Value Until They Are Certified According to Section 65b of the Indian Evidence Act: Punjab & Haryana High...

Brief facts of the case Paramjit Kaur, the proprietor of Brioshine Pharma, a licensed chemist, booked two consignments. The first consignment, on 10.06.2020 and the,...

Delhi High Court Seeks Response From Centre, RBI in PIL to Regulate Online Lending Platforms

A notice had been issued by the Delhi HC in a PIL that sought regulation of online lending platforms (Dharanidhar Karimojji vs UOI). Brief Facts: The...

“Consensual Affair” Cannot Be Defence Against the Charge of Kidnapping of the Minor, Sentence Reduced in View of Age Difference: Supreme Court

This Case concerns the appeal against the conviction under the charges of kidnapping and discussed whether the punishment was to be enhanced or not.   Brief...

Delhi HC to Municipal Corp: Paucity of Funds Not an Excuse for Non-Payment of Salaries and Pensions

The Delhi High Court ruled that the paucity of funds cannot be an excuse and pulled up municipal corporations for not paying salaries and pensions to their employees as the right to receive payment is a fundamental right guaranteed in our constitution.

US Supreme Court Reinstates Restriction on Abortion Pills

The Supreme Court of the United States granted the Trump administration’s request to reinstate federal rules requiring women to make in-person visits to hospitals...

More Articles Like This

- Advertisement -