SC to Police: We will not tolerate violations of Section 41A of CrPC while arresting an accused

Team SoOLEGAL 22 Mar 2022 4:11pm

SC to Police: We will not tolerate violations of Section 41A of CrPC while arresting an accused

New Delhi: The Supreme Court has reprimanded the police for violating Section 41A of the Criminal Procedure Code while arresting an accused, stating that such violations are unavoidable and inexcusable.

The Division Bench of Justice Ajay Rastogi and Justice AS Oka was hearing an SLP challenging the Bombay High Court's decision to deny the petitioner's anticipatory bail application.

It was alleged that after knowing of the above rejection and the filing of the current SLP, the Investigating Officer arrested the petitioners-accused without serving any notice under Section 41A CrPC.

The Court condemned the police officer's practise of overstepping after the case was filed in this Court and arresting the petitioners in violation of Section 41(A) Cr.P.C., especially in light of this Court's decision in Arnesh Kumar vs. State of Bihar & ANR, 2014 Latest Caselaw 427 SC.

Nevertheless, since the petitioners are now in custody, the Court did not consider it appropriate to issue further orders, but did grant them the right to file regular bail applications.

Tagged: Section 41A   Supreme Court   Criminal Procedure Code   Division Bench   Justice Ajay Rastogi   Justice AS Oka   Section 41A CrPC  
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