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QHi all, my wife had filed a 498A and 3,4 DP act on me and my family. I have received a 41A CRPC notice to attend the inquiry in police station. I’ve attended the police station on the date and time mentioned in the 41A CrPC notice. Since then police are calling me every week to come to police station via phone call. I’ve attended couple of them but they never inquired me or family, but we were asked only to settle for a very high lump sump which i couldn’t due to the high amount of money they are asking me. Even today i got a call from PS again to attend for inquiry but this time i have rejected completely as I was busy with my work and have already taken a lot of leaves for the inquiry which never happened. I’ve asked the police to send a written notice or else neither me nor my family is coming there. Now they are saying that the month old 41A CrPC notice which they’ve given me, we are calling for that itself and new notice will not be given everytime and if I don’t come they’ll arrest me and my family. Even investigation near my home is completed. I want to understand what are my rights here? Should I need to go to PS everytime they call me without a notice everytime? Or they can use a single notice and harass me and my family to come to PS everytime? Please help.
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ASince the police are misusing Section 41A CrPC by repeatedly summoning you under the same notice, despite your prior compliance n pressuring you to settle for an unreasonable amount, it would be prudent to file for anticipatory bail. In your AB application, highlight this abuse of process and seek court directions to ensure a fair investigation without coercion. The police cannot legally compel you to settle the matter on their terms and their threats of arrest should be challenged. Securing AB will protect you and your family from potential harassment while allowing you to contest the case lawfully.
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QThanks for reply! Even I am planning for anticipatory bail, but before i get it can I reject going to PS unless a written notice given? Or can they really call me to PS with a single 41A CrPC notice? What are my rights here?
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DHi. I’m a Delhi based lawyer. Filing an anticipatory bail is the best decision at this point. Section 41A Notice is typically served at the beginning of an investigation, when the police first require the presence of the accused, and subsequent appearances by the accused are usually facilitated through other means, such as verbal or written instructions from the investigating officer. However, the procedure may vary depending on the nature of the case.
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QHi thanks for the reply. So I am also looking for taking the anticipatory bail but can I request the police to provide a written request? Having a written request is having a proof that I’ve attended
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DYou can ask them, but how would a written notice each time they called you for investigation be a proof that you showed up? Compliance at your end can have some other proof.
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SHi, I am a Delhi-based lawyer. I hope you are recording all phone calls received from the investigation officer. They would be helpful when applying for Anticipatory Bail. Please check Arnesh Kumar’s judgment to understand your rights thoroughly.
If you have evidence to disprove the allegations, such as phone call recordings, WhatsApp messages, photographs, etc., you may submit it to the SP/SSP along with an application describing its relevance to countering the allegations in the FIR and seeking a proper investigation.
You may also seek an investigation against the complainant by pointing out the specific allegations and what should be enquired about to verify them. An application under Section 159 CrPC (Section 178 BNSS) may be filed in the court in this regard if the charge sheet is not submitted yet.
LegalApp.in can help to analyse your FIR further to identify your rights, fair investigation points, defense evidence and legal strategy one can take.
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