• Notice 41A

Hello Team, 

My wife had filed a 498A case against me and police have issued notice 41a to me and my family members. Police had called us to station for investigation and we went and gave them all the needed info. However while giving the notice they have asked us the address and we gave out rent house address. Now we are planning to shift to another house. So how do i change the address in notice 41a now ? 

Regards,
 Sairam
Asked 2 years ago in Criminal Law from bangalore, Karnataka
Religion: Hindu

You need to give them a written information about the new residence to the police station.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello,

Change the address and inform the concerned police station with your new address.

Inform them in writing, and get a copy of the same to retain with your self for the future purpose.

Regards

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

Hi

You should always come clean hand in front of legal authorities and your decision to inform the police about the change in address is very good and will have some positive effect on the authorities for you. Even if you don't disclose the updated address to police or court then that will only delay the proceedings nothing else .

So go ahead to disclose the updates.

Thank You

Rahul Jatain
Advocate, Rohtak
1088 Answers
3 Consultations

4.9 on 5.0

The IO(Investigation Officer) must get in touch with you telephonically and that is when you may inform him of the change of your address.

Otherwise, you may visit the Police Station personally and inform of your updated address.

Vibhanshu Srivastava
Advocate, New Delhi
8753 Answers
152 Consultations

5.0 on 5.0

You can send letter addressed to IO local police station intimating about your change in address

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

1. You need not changer the address mentioned by the police in sec.41 a notice.served upon you which you had received and terms complied with.

2. You can change your address thereafter and inform the police about the said change of address made by you later on for updating their records.

Krishna Kishore Ganguly
Advocate, Kolkata
23548 Answers
640 Consultations

5.0 on 5.0

If the notices are not received then she can go and if the notices are received when she is abroad then the exemption can be filed with confirmation that she will join the proceedings when she is back.

Rahul Jatain
Advocate, Rohtak
1088 Answers
3 Consultations

4.9 on 5.0

Your sister is at liberty to go abroad for 3 months fir work purposes as no condition has been imposed restricting her travel abroad

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

1. No FIR has yet been filed against you based on the complaint filed by your wife.

2. It is still in the investigation stage for which the Police has issued the Notice u/s41 a which is issued in cases where police feels that no arrest is required.

3. Your sister can go to any place in the world she wishes to since she has already appeared before the IO based on requirement mentioned in the said notice.

4. The police may not register FIR after conducting the investigation and if registers FIR at all, it might take more than 3 months for you to get the notice from the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
23548 Answers
640 Consultations

5.0 on 5.0

You can inform the police the updated address through written communication.

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

She must inform the police before leaving the country, because 41A says that the accused will not be arrested till the accused participates in the investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

Firstly, if her name is there then she should have gone along you all.

Secondly, the motive just for the purpose of pre investigation.

Thirdly, if they want to ask some question then she would have to come otherwise not.

Also, she is free to go anywhere till the time you all have been convicted for the offence or arrest warrant is there if any.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

My wife had filed a 498A case against me and police have issued notice 41a to me and my family members. Police had called us to station for investigation and we went and gave them all the needed info. However while giving the notice they have asked us the address and we gave out rent house address. Now we are planning to shift to another house. So how do i change the address in notice 41a now ?

On being summoned to appear before the police through a notice under section 41A cr.p.c. you people have appeared and gave statements.

For further inquiry and investigation you will not get any notice but you will be intimated through telephone only.

Moreover you dont need to intimate the change of address to police since you have already appeared before them on the notice.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Also along with me my mom and sister name is also mentioned in the notice.

Now my sister is suppose to go europe temporarily for three months for office purpose.

Can she go outside india or does she need to wait until she receives the notice from court ?

Since it is just a complaint and the charge sheet is yet to be filed and also as ther is no restriction by court to travel abroad, she may visit the foreign country and return.

Further if there is no condition imposed while granting bail, she need not be worried about this.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

she should ask the court to get permission.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

In 498a arrest is not required unless and otherwise the procedure as devised by SC is followed. You can intimate the change of address to the station house officer. Also, your travel can pursue her trip to europe, Majority of 498a case does not have merits and shall not stand in the court of law.

Rajaganapathy Ganesan
Advocate, Chennai
1671 Answers
8 Consultations

4.9 on 5.0

1. Apply for anticipatory bail immediately.

2. You are under no obligation to share with police the new address.

3. Your sister should obtain anticipatory bail and then go abroad.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

Your sister can apply for anticipatory bail and request the Court not to impose any travel restrictions upon her.

If bail is granted to her without any travelling restrictions, she can freely travel abroad with the condition that she will have to cooperate in the investigation as and when required by the Police.

Vibhanshu Srivastava
Advocate, New Delhi
8753 Answers
152 Consultations

5.0 on 5.0

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