Notice u/s 41(a) crpc

Querist : Anonymous (Querist) 28 June 2021 This query is : Resolved
On 20th May A received phone call from Police Station that there is a case filed against him. It was informed that A was sending some anonymous letter to someone and because of that B was put to inconvenience. B gave a complaint and accordingly Police Station SI investigated and found prima facie evidence and with that he called A. A did not respond as he was suffering from corona and admitted in hospital. On 27th A was discharged from hospital. On 28th May SI and constable came to the house of A and without any warrant they searched the computer and almirahs in the house of A for the evidence. no evidence was found in the house of A. they told A to come to the Police Station and take Notice U/s 41(A) CrPC. Because of corona A expressed his inability to come outside as doctor advised him to be at home for 2 months as he is a senior citizen. On 4.6.2021 constable came to the house of A and served Notice U/s 41(A) CrPC and got 2 copies signed by A and took them.
1. A is confident that he did not do this and B put a false complaint and allegation using his influence.
2. Police did not get any evidence at A's house and nothing was seized from A's house.
3. It was supposed to be an anonymous letter addressed to someone against B and B was said to be harassed by them.
4. Is it necessary that A has to give reply for the Notice U/s 41(A) CrPC which was served on him on 4.6.2021 ?
5. On 25th A received a call from SI that he convinced B to compromise and if A comes to Police Station he will send both A and B to Lok Adalat for compromise. A refused to the proposal of SI since he did not conduct the crime though SI says that he is having prima facie evidence.
Experts are humbly requested to advise on the above case and give your valuable opinion.

Follow Query

Report Abuse

Quick Summary

A received a notice under Section 41(A) of the CrPC after a complaint was filed against him for sending an anonymous letter. Despite police searching his home without finding evidence and A being hospitalised with COVID-19, the notice was served. The individual is seeking advice on whether a reply is mandatory, given he believes the complaint is false and no evidence exists. The discussion highlights the importance of responding to such notices to avoid potential arrest, suggesting obtaining bail as a precautionary measure.

Advocate Bhartesh goyal (Expert) 29 June 2021
It's all immaterial that " B " has made false complaint against " A " and police couldn't get any evidence and seized any material from house of " A " .A has to reply the notice u/ sec 41 ( A ) Cr.P.C to police else police may arrest him.

T. Kalaiselvan, Advocate (Expert) 30 June 2021
A has to respond to the notice served on him under section 41A cr.p.c. and have to cooperate with the police for investigation, before that A may get himself enlarged on bail to prevent police from arresting him.
The false complaint or true complaint will be decided by court when A challenges the same in the court of law

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries