Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
  • 41A subclause (1) notice for 420

Dear sir,

I exited a partnership firm in 2017 and as per the accounts and balance sheet everything was settled when I exited. Now my ex partner sued me with cheating with malicious and personal grudge on me. Police filed FIR on me. Yesterday they called me to the police station , after asking the details , they issued me a notice under 41 A CrPC and asked to appear before the undersigned on Friday. What does that means? Is it going to be the arrest, remand for that. I explained with all the proofs to show he is false. Do I need to attend the police station for sure? Or my lawyer is sufficient? What is the next process? Do I need to explain again to police? Can I get the station bail ? Or is the 41 A itself is bail ? 

Please can you let me know what will the next process

Thanks
Surya
Asked 5 years ago in Criminal Law
Religion: Other

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

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 directing the person against whom a reasonable complaint has been made or credible information has been received to appear before him.

 


Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;


Keep silent and innocent while they are question and answering at the time next process with Police. Till you be proved accused as per the allegations raised by the complainant. You can provide all proofs or evidence from your side to defend and do not get arrest to produce in the court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

41A notice means that you need to cooperate with the investigation. If you cooperate with the investigation the police may arrest you. 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

At first file anticipatory bail application at district court and after then meet with the I.o. of this case with regards to comply 41a crpc and then show him the documents you have regarding the case and if the case is false against u then I.o. will submit final report or frt in this case and the case will be dismissed at once and the pending anticipatory bail application will be not pressed by ur Appointed lawyer.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Under which sections, FIR is filed against you. Police sent this notice to call the accused to submit his statement, no arrest but you are advisable to apply for anticipatory bail.

If you will not cooperate in investigation, will get arrested so visit the PS. You can go with your advocate. Submit copy of documents to police and take receipt. Have to explain again if needed. 

If arrested not bail from court. No station bail.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

- The police officer shall in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

- Further , the person to whom this notice issued , shall be the duty of that person to comply with the terms of the notice.

- Further, if that person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

- Further, if that person, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.

- Since, the police has issued you a notice under this section , then you should appear before the said police official to clear your case after submitting all the proofs in your support. 

- No, on appearance the said police official will not arrest you , and if not satisfied then you will given time to take bail from the court. 

- Your personal appearance is mandatory .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

41 A notice is issued by poluce to record your statement 

 

2) police would record your statement , conduct investigations and then file charge sheet or closure report 

 

3) there is no automatic arrest 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

1. You may appear before the Police Authority with or without your lawyer, with all supporting documentary evidences and  witnesses (if any) and record your statement.

2. Depending on the authority's discretion and merit of your statement, the authority would direct to obtain bail and appear before court, after filing charge sheet.

3. IF there is no merit in the case, the authority will close your file with negative report of no offence.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Nowadays the police before arresting a person gives an opportunities to him to place his defence. 

2. Therefore its quite normal on the part of the Police.  However to avoid any unlikely opportunity of getting arrested its wise to first apply for anticipatory bail and then meet the IO.

3. In other words first secure bail and then meet the IO to comply with notice 41A crpc.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You have to first obtain participatory bail based on the summons you received.

The  police will not listen to your version.

They will be interested in registering the FIR alone.

Hence you better dont attend the police station without applying for AB.

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

You should go to the police station along with your lawyer and talk to the police and explain them the issues. If the police is not satisfied then it may arrest you and you should take anticipatory bail immediately.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It's better to seek anticipatory bail if fir is filed. You will not get station bail in non bailable offence

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Please approach District and Sessions Court for Anticipatory Bail. 

After obtaining Anticipatory bail under due process of law then attend police police station to comply 41 A Cr. P. C. 1973 notice issued by them.

First protect yourself by interim orders from the court to restrain police from arrest till final disposals of the matter and enquiry. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Hi 

Since the offence mentioned in FIR is cheating u/s 420 of IPC , station bail cannot be granted. 

Hence,  as pre-emptive move you should move the sessions court for anticipatory bail u/s 438 Cr.P.C citing the following grounds:

1) Criminal case filed is a primarily a civil dispute ,as the dispute is between 2 partners of a partnership firm and that the accounts, balance sheet etc were settled at the time of you exiting the partnership firm. 

2) Also depending on the words used in the complaint and FIR, you can check whether there is any limitation u/s 467 of cr.p.c can be pleaded as additional grounds.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Immediately get the anticipatory bail done and join the investigation. Go to police station and present proofs of your favor 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Notice under section 41A is for appearance before police officer regarding investigation in the complaint against you. 

2. Yes you need to appear before IO. 

3. Your lawyer can accompany you to police station.

4. Station bail depends on the allegations against you my suggestion is that you should apply for anticipatory bail before appearing before police.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir/Madam,

You are suggested that the said notice for the investigation and on the lines of the supreme court judgement for not to arrest till you cooperate in the investigation. You are suggested to appear before the police with your lawyer and before that apply for the anticipatory bail and the police will be bound not to arrest you. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

  1. As per the information mentioned in the present query, makes it clear that though you have been served with the notice of appearance as per law, but you need to be careful before appearing as police has ample power to arrest you even after your compliance of the notice.
  2. I would like apprise you that you should move an application of Anticipatory Bail so that you can be protected while saying that you will be cooperating in the investigation in compliance of the notice above said served to you.
  3. Rest, there is nothing to be said that police may not arrest you.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer