Sections 420, 506 of the Indian Penal Code, 1860 and under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “S.C. and S.T. Act”). But no notice under Section 41-A Cr.P.C. was issued though it is mandatory in terms of Judgment in Arnesh Kumar v. State of Bihar and another1. Therefore, the respondents violated the guidelines issued by the Honourable Apex Court in Arnesh Kumar’s case (referred supra), prays to direct the respondents to issue notice under Section 41-A Cr.P.C. to this petitioner before taking further action during investigation.

 Sections 420, 506 of the Indian Penal Code, 1860 and under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “S.C. and S.T. Act”). But no notice under Section 41-A Cr.P.C. was issued though it is mandatory in terms of Judgment in Arnesh Kumar v. State of Bihar and another1. Therefore, the respondents violated the guidelines issued by the Honourable Apex Court in Arnesh Kumar’s case (referred supra), prays to direct the respondents to issue notice under Section 41-A Cr.P.C. to this petitioner before taking further action during investigation. 


AP HIGHCOURT

Main NumberWP 14020/2020SR NumberWPSR 17348/2020
PetitionerSHAIK ALLABIRespondentTHE STATE OF AP
Petitioner AdvocateG V L MURHTYRespondent AdvocateGP FOR HOME

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.14020 OF 2020

ORDER:-

This Writ Petition is filed under Article 226 of Constitution of

India, to declare the action of the respondents in not issuing the

notice under Section 41-A of Code of Criminal Procedure, 1973 (for

short “Cr.P.C.”), as illegal and arbitrary and consequently direct

the 4th respondent to issue notice under Section 41-A Cr.P.C. in

case the police intended to arrest the petitioner.

2. The main grievance of the petitioner is that the petitioner

filed a case against the accused in Crime No.4 of 2020 of Gurazala

Town Police Station of Guntur District for the offences punishable

under Sections 420, 506 of the Indian Penal Code, 1860 and under

Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 (for short “S.C. and S.T.

Act”). But no notice under Section 41-A Cr.P.C. was issued though

it is mandatory in terms of Judgment in Arnesh Kumar v. State

of Bihar and another1. Therefore, the respondents violated the

guidelines issued by the Honourable Apex Court in Arnesh

Kumar’s case (referred supra), prays to direct the respondents to

issue notice under Section 41-A Cr.P.C. to this petitioner before

taking further action during investigation.

3. Learned counsel for the petitioner Sri G.V.L. Murthy

reiterated the contention, whereas learned Assistant Government

Pleader for Home contended that in S.C. and S.T. cases, the

accused are insisting the victims to compromise and there is a

1

(2014) 8 SCC 273

2

possibility of threatening the victim in this case in case the

procedure under Section 41-A Cr.P.C. is followed. However,

requested to give liberty to follow the procedure under Section 41-

B Cr.P.C. also in case of non-cooperation of this petitioner during

investigation.

4. According to the guidelines issued by the Honourable Apex

Court in Arnesh Kumar’s case (referred supra), where the

accused allegedly committed an offence which is punishable with

imprisonment for less than seven years, the police has to issue a

notice under Section 41-A Cr.P.C. which is mandatory and failure

of it may lead to contempt of court being filed before the

jurisdictional High Court. But in the present case, admittedly no

notice under Section 41-A Cr.P.C. was issued on the apprehension

that there is a possibility of interfering with investigation, threaten

the victims to compromise with this petitioner. But this

apprehension is misplaced. However, if the respondent-police are

bound to follow the guidelines issued by the Honourable Apex

Court in Arnesh Kumar’s case (referred supra) and in the event of

failure to follow the guidelines, the aggrieved party may take

appropriate action by filing contempt of court before the

jurisdictional High Court. Mere issue of notice under Section 41-A

Cr.P.C. will not preclude the police to take appropriate action

under Section 41-B(b)(ii) Cr.P.C. Hence I find that it is a fit case to

issue a direction to the respondent-police to issue notice under

Section 41-A Cr.P.C. and in the event of any interference with the

investigation by this petitioner or non-cooperation by this

petitioner, the respondent-police are at liberty to follow the

procedure under Section 41-B(b)(ii) Cr.P.C.

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5. With the above direction, the Writ Petition is disposed of at

the stage of admission with the consent of both the counsel. There

shall be no order as to costs.

Miscellaneous petitions pending if any, in this Writ Petition,

shall stand closed.

 _________________________________________

 JUSTICE M.SATYANARAYANA MURTHY

Date : 24-08-2020

ARR

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.14020 OF 2020

Date : 24-08-2020

ARR