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Mehajbee   17 March 2020

Fake f.i.r

If Investigation Officer come for investigation along with CRPC 41(k) notice , and said accused hasn't done any crime . So my question is whether accused can deny to sign crpc 41(k) notice . If he deny whether it will count as non-cooperation with police and police can take further action against said accused for non cooperation or what is the process. Also police is doing that they are coming for investigation as well as for notice handover on one day only , are they doing so to discharge their duty in hurry ?? Is police activity of investigation and notice handover on same day is correct as per police act and provision. Kindly explain


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T. Kalaiselvan, Advocate (Advocate)     25 March 2020

41A. Notice of appearance before police officer. – (1) 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.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such 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.

**[(4) Where such person, at any time, 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.”


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