• Grant of 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 ?
Asked 5 years ago in Criminal Law
Religion: Hindu

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28 Answers

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. 

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

1. File for anticipatory bail.

2. After lockdown file for quashing of FIR

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

41a is just  a notice to appear before the police officials 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

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

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

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. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yeh it's ok. You may also visit the police station along with your lawyer.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no other option, you have to wait till lockdown period is over.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

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

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

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 . 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

yes , 41A. Notice of appearance before police officer

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

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

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Hello, 

  1. You don't need any further guidance from the concerned police officer. You need to report to her as part of the investigation. She will take down your statement. 
  2. As of now you have no reasons to be worried. As your lawyer has advised, you need to wait for the lock down to be lifted and normal functioning of courts. 
  3. There will not be any arrest in the matter and it will take a while before you will be required in court. Once the courts begin to function normally, your lawyer will take you to court and get you bail. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

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.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Section 41 A is notice issued for recording your statement 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

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. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

All the offences are bailable. Your lawyer has rightly guided you in the matter.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

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, 

 

Yuganshu Sharma
Advocate, Delhi
1011 Answers
2 Consultations

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. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

1.Yes, notice u/s41 (A) of Cr.P.C.is issued when the police does not find that arrest is required for the case.

 

2. Hope the accused have taken evidence of their attending the hearings by getting a tamp on the individual notices put by the IO with his signature and note mentioning'appeared'.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

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