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(Guest)

notice of arrest

Is it mandatory for police to issue notice of arrest to an accused once an fir is filed in a cognizable case?


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 6 Replies

Mastan   30 November 2019

If you are a BJP leader then yes a notice and/or lot of other things needed to arrest the accused...

and if you are AAP leader then nothing required..immediate arrest at any where any time..

Hope you understood the equality of current system.


(Guest)
if no notice is given, then accused cant try for anticipatory bail, is the arrest then legal.

Mastan   30 November 2019

notice is not important as well as not mandatory to arrest in a cognizable offence

but a copy of FIR is required to file rebut in Anticipatory bail application either in sessions court or in highcourt.

dont waste time. get a copy of FIR (online or offline) and give it to your lawyer to file AB application for you. 

 

Mastan   01 December 2019

It is absoultely correct that FIR copy not required to get anticipatroy bail.

But if you can provide FIR copy then you can present suitable grounds against the accusations to the hon'ble court to consider your AB plea so success chances would be more to get it.


(Guest)
sir, if the arrest is made without notice as under section 41a crpc, is it legal?

Sankaranarayanan (Advocate)     01 December 2019

yes as suggested by the experts , better to find local lawyer and act according the advise


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