It's better you first seek anticipatory bail in the said matter. They will first issue you 41a notice before arrest if required. It's better not to attend the police station without anticipatory bail.
My dad, mom and brother have been suddenly charged with 4 IPCs 323/506/509/34, by my aunt on purely fake grounds, and thus have been summoned to the concerned women's cell under Sec 49(a). There's been straight 2 weeks we received the notice, my family had verbally convinced that officer that the charges were purely fake, and she can investigate the matter however she wants to. The problem is, after this meet the concerned Police officer is not only reluctant to listen to my family, she is also showing zero interest about guiding us in this matter. We have also hired a criminal lawyer, but he is asking us to wait till the lockdown period is over. Upon enquiring about the courts, we got to know that the courts are not taking any cases under Sec 49(a). This case was fake and meant to cause us mental harrasment. All our neighbours are taking a stand by us. But, how serious is this issue and should we rely on our lawyer's plan to wait for post lockdown? What should we do to get rid of continuous physical as well as mental torture done by gaslighters ?
It's better you first seek anticipatory bail in the said matter. They will first issue you 41a notice before arrest if required. It's better not to attend the police station without anticipatory bail.
It's sec 41(a) not 49(a). I apologise
You should act as per your lawyer advice
you should after lock down go to police station to have your statement recorded
let police investigations be completed
That means they have already served you 41A notice you first seek ABA and then approach police station. Otherwise without ABA they may arrest you
You may file a petition for arrest stay and fir quashing immediately. Or you may file an application for anticipatory bail. Under these sections the police will most probably not arrest you due to lockdown.
1. See police has not arrested only a notice is given as of now the court is only taking urgent matters so when lockdown is over you may file quashing petition before high court.
2. Also currently your family may apply for the anticipatory bail to avoid the arrest. In lockdown also court is taking urgent matter.
Without going through the contents of FIR it's difficult to comment on merit of the case.
Since the FIR is already Registered your priority must be to seek anticipatory bail the default of which may get you arrested at the discretion of police. Courts in Kolkata including Alipore court is hearing bail application on video conference.
So for getting bail you may contact us.
Now a days e-filing facility is available for filing bail application.
If your lawyer is not cooperating you may contact some other lawyer and get enlarged on bail first and then challenge the case in trial proceedings.
Section 41A Cr.p.c is notice given to accused you appear before police for inquiry on the basis of the complaint lodged by the defacto complainant.
Hello,
There is nothing to worry as of now. Police cannot arrest you on this section. So wait until court is open.
In case you need further advice or help feel free to get in touch with me.
Regards
take an anticipatory bail from the concerned jurisdictional court. After that you can quash the FIR. After freaming of charge please defend the in trial and more of that you can file a writ petition for inaction of police before the Hon'ble High Court .
Its 41 A. If you do not comply, you will not get bail, and there is no second choice you have to wait till lockdown ends. If its a true case or false case, prove it when trial starts, you cannot do anything now
1. Since 41A Cr.P.C. notice is served you will have to appear and apply for bail.
2. It is true that due to lockdown the courts across the country are hearing only urgent cases.
3. After bail is obtained you may either file a petition for quashing of FIR in the High Court or face trial in the trial court, depending on the allegations in the FIR.
You have been advised by your lawyer correctly, due to pandemic and lock down, courts are not entertaining petty cases.
You need to go by his instructions and do not panic.
If any provocation is done by your aunt, do not react but, record the same and share it with your lawyer.
Once the lock down is lifted, you should go to police station and the police will record your statement.
On opening the courts, your lawyer will make application for bail, follow his instructions.
Hello,
Except offence u/s 509 all other offences are non-cognizable in which police can not do anything.
Defend in court for offence u/s 509. Women cell can only investigate or refer to local police for investigation.
No need to worry till summon is received from court.
You can apply for bail if police arrest for offence u/s 509.
Dear Sir,
You are suggested to browse the website of Kolkata High Court and look for the section of notice/public notices where you can find the information about the bail and urgent hearing of the subordinate courts. Using the said information, you may file the application for bail of your family members.
Dear querist,
If you have received a 41A notice, then it is nothing but the notice that the police officials want to meet you and investigate the case and be aware of the particulars of the complaint filed against you. I would like to bring to your notice that section 323/506/509/34 are bailable offences. Just in case if you are in an anticipation of arrest, you can apply for a regular bail or anticipatory bail. All the proceedings take time, dont worry and wait for the police to investigate the case and final report,you might get discharged or the case can be closed against you.
You can contact me for consultation or linkedin,
https://www.linkedin.com/in/yuganshu-sharma-655091183/
Regards,
1. The case is not that serious and Notice you recieved under section 41A CrPC is for appearance before investigation officer.
2. You can appear before IO along with your advocate to give your statement and can also wait for court to open.
3. You can apply for anticipatory bail in sessions court as Duty judge will be available for urgent matters during lockdown.
- As per section 49 The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
- Further, as per Supreme Court held that , under section 41-A, CrPC, a police officer, in all cases where the arrest of a person is not required under section 41(1), shall issue a notice.
- Hence, on the complaint of your aunt , the I.O. of the case has send a notice under section 41, to appear before him for investigation purposes.
- Since, under this section a police officer is authorised to investigate the complaint , hence court has no interfere to stop the same .
- Actually there is no case made out till now, and on the complaint of your aunt the I.O is bound to enquiry , and to submit the report before the higher police official , and for lodging an FIR , if case made out.
- You should appear before the I.O. , and submit all the details , so that police not file an FIR .
- Further , your dad, mom and brother should also lodge a written complaint before the police and higher official against aunt , and thereby mention that you aunt is in habit to lodge complaint on petty matters.
1. It is wrong to expect the police to guide you. It is not their job.
2. The case has already started and non of the sections are non bailable and the notice u/s41(A) is issued in cases where arrest is not considered as necessary.
3. You now shall have to contest the case fittingly before the Court when the lock down gets over.
4. If the case gets dismissed, the accused can file a case u/s211 of IPC against your said Aunt for lodging false complaint against them for causing damage to them.